Punjab-Haryana High Court
State Of Haryana vs Surinder Pal Taneja on 11 August, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 1157 of 1993 (O&M)
State of Haryana .. Appellant
vs
Surinder Pal Taneja .. Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal.
Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal, J.
The aforesaid appeal has been filed by the State seeking reduction in compensation granted on account of acquisition of land.
Briefly, the facts are that the land in question, situated in village Ferozepur Kalan, District Ambala was acquired vide notification dated 30.3.1982 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for development and utilisation of land as commercial area. The Land Acquisition Collector assessed the compensation. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned Additional District Judge, who keeping in view the material placed on record by the parties, awarded ` 70/- per square yard for the acquired land. It is this award which is impugned in the present appeal.
The learned State counsel could not dispute the fact that the learned court below had determined the market value of the land on the basis of earlier award, whereby the market value for the acquired land vide same notification in the same area had been determined at ` 70/- per square yard. The same was in conformity with the judgment of this Court in RFA No. 2859 of 1992 - Faquiria vs The State of Haryana, decided on 19.1.1996 and followed subsequently in RFA No. 1057 of 1993 State of Haryana vs Piara Singh decided on 9.3.2009, whereby this Court had assessed the market value of the land acquired vide same notification @ ` 70/- per square yard.
Since the award of the learned court below is on the basis of judgment of this court, no case for reduction of compensation is made out.
Accordingly, the appeal is dismissed.
11.8.2010 (Rajesh Bindal) vs. Judge