Punjab-Haryana High Court
Smt. Omwati And Others vs The State Of Haryana And Another on 4 December, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A No. 1736 of 2003 ( 1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1736 of 2003 (O&M)
Date of decision : 4.12.2008
Smt. Omwati and others ..... Appellants
vs
The State of Haryana and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R. A. Yadav, Advocate, for the appellants.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana.
Rajesh Bindal J.
The landowners are in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking enhancement of compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notification dated 20.4.1990 issued under Section 4 of the Act, acquired the land situated within the revenue estate of Villages Jharsa, Kanahai, Bindapur, and Samaspur, Tehsil and District Gurgaon, for public purpose namely for the development and utilisation of land as residential, commercial, institutional and maintenance of open space area in Gurgaon. The Land Acquisition Collector vide his award dated 23.3.1993 assessed the market value of the land as under:-
Villages Jharsa Chahi Rs. 4 lacs per acre Magda Rs. 3.5 lacs per acre Bhood Rs. 3 lacs per acre Gair Mumkin Rs. 2.5 lacs per acre Villages Bindapur, Samaspur and Kanahi Chahi Rs. 1.5 lacs per acre Magda Rs. 1.25 lacs per acre Banjar and Gair mumkin Rs. 1 lac per acre R. F. A No. 1736 of 2003 ( 2) On reference under Section 18 of the Act, the learned court below vide award dated 11.2.2000, while relying upon judgment of this court in R.F.A. No. 583 of 1998 - State of Haryana and another vs Dilbagh and others, decided on 3.6.1999 (Ex.P-1), determined the market value of the acquired land at Rs. 212/- per square yard.
Learned counsel for the appellants/landowners very fairly submitted that the issue raised in the present appeal is squarely covered by the judgment of this court in Dilbagh's case (supra).
Since the learned court below has awarded the compensation for the acquisition of land on the basis of judgment of this court in Dilbagh's case (supra), the present appeal does not survive, accordingly, the same is dismissed.
4.12.2008 ( Rajesh Bindal) vs. Judge