Punjab-Haryana High Court
State Of Haryana And Another vs Krishan Dutt And Another on 1 February, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 5158 of 2001 (O&M)
State of Haryana and another ... Appellants
vs
Krishan Dutt and another .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J.
The State has approached this court for reduction in compensation for the acquisition of land.
Briefly, the facts are that vide notification dated 26.6.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land in the revenue estate of Village Bana Madanpur, Tehsil and District Panchkula (the then District Ambala), for the development and utilisation of land as residential, commercial and Industrial area in Urban Estate Panchkula. The Land Acquisition Collector assessed the market value of the different kinds of land at different rates. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below, determined the market value of the acquired land at Rs. 3,50,000/- per acre.
Learned State counsel fairly submitted that the issue involved in the present appeal is squarely covered by the judgment of this court in R. F. A. No. 1281 of 1999- Gurdev Singh and others vs State of Haryana decided on 27.10.2006, whereby the appeals arise out of the same acquisition have been remitted back for fresh consideration.
For the reasons recorded in Gurdev Singh's case (supra), the appeal is disposed of in the same terms. The parties through their counsel are directed to appear before the learned District Judge, Panchkula, on 20.3.2010. The learned District Judge may either keep the references with himself or may entrust the same to any other Additional District Judge who is dealing with the cases referred back by this Court.
1.2.2010 ( Rajesh Bindal) vs. Judge