Punjab-Haryana High Court
State Of Haryana And Another vs Udaibir And Others on 16 September, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 16.9.2008
C. M. No. 5181/CI of 2008 and
R. F. A No. 2422 of 2008 (O&M)
State of Haryana and another ..... Appellants
vs
Udaibir and others ... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Navneet Singh, Assistant Advocate General, Haryana. Rajesh Bindal J.
The State of Haryana has filed the present appeal for reduction in the compensation.
Briefly, the facts are that vide notification dated 9.3.1995, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired 89.74 acres of land in Village Malerna, Hadbast No. 75, Tehsil Ballabgarh, District Faridabad, for public purpose namely for development and utilisation of land as institutional/residential and commercial for Sector-62, Faridabad. The Land Acquisition Collector assessed the market value of the land at Rs. 15,000,00/- per acre. Dissatisfied with the award of the Land Acquisition Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 16.10.2007, while relying upon judgment of this court in R.F.A. No. 2501 of 2001 -Ved Pal and others vs State of Haryana and others, decided on 3.5.2006 (Ex. P-2), determined the market value of the acquired land at Rs. 450/- per square yard.
Learned Assistant Advocate General, Haryana, very fairly submitted that the issue raised in the present appeal is squarely covered by the judgment of this court in Ved Pal'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 Ved Pal's case (supra), the present appeal filed by the State does not survive. Accordingly, the appeal as well as the application for condonation of delay are dismissed.
16.9.2008 ( Rajesh Bindal) vs. Judge