Punjab-Haryana High Court
State Of Haryana And Another vs Kulwant Singh Talwar on 16 November, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 2529 of 1997 (O&M)
State of Haryana and another ....... Appellants
vs
Kulwant Singh Talwar .. .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana.
None for the respondent.
Rajesh Bindal J.
The State of Haryana has filed the present appeal seeking reduction of compensation for the acquired land awarded to the landowner.
Briefly, the facts of the case are that the State of Haryana vide notification dated 23.2.1989 issued under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act") acquired the land situated in villages Patti Insar and Patti Magdum Jadgan, Tehsil and District Panipat, for the development and utilisation thereof as residential, commercial, industrial and institutional area in Sector- 13, Panipat. The Land Acquisition Collector assessed the market value of the acquired land @ ` 2,00,000/- per acre for nehri and chahi kind of land and ` 1,50,000/- per acre for gair mumkin kind of land. Feeling dissatisfied with the award of the Collector, the landowner filed objections. On reference, the learned court below assessed the market value of the acquired land @ ` 81/- per square yard. It is this award which is impugned in the present appeal.
Learned State counsel very fairly conceded that the claim made in the present appeal is squarely covered by the judgment of this court in Review Application No. 31/CI of 2007 in RFA No. 1379 of 1994- Nand Lal and others vs State of Haryana and another, decided on 31.8.2007, whereby compensation payable to the landowners for the land acquired vide same notification was further enhanced to ` 139/- per square yard.
Since this court in the aforesaid judgment had further enhanced the compensation payable to the landowners for the acquired land, the claim of the State for reduction does not survive. Accordingly, for the reasons recorded in Nand Lal's case (supra), the appeal is dismissed.
16.11.2010 (Rajesh Bindal) Anjal Judge