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Punjab-Haryana High Court

State Of Haryana And Another vs Champa Devi And Others on 11 July, 2013

Author: Rajesh Bindal

Bench: Rajesh Bindal

            RFA No. 3122 of 1998
                                                                                           1


                               IN THE PUNJAB AND HARYANA HIGH COURT
                                           AT CHANDIGARH

                                                        RFA No.3122 of 1998 (O&M)
                                                        Date of Decision: 18.07.2013
            State of Haryana and another
                                                                                ...Appellants
                                                     Versus

            Champa Devi and others
                                                                             .....Respondents
            CORAM: Hon'ble Mr. Justice Rajesh Bindal

            Present:            Mr. D.D. Gupta, Additional Advocate General, Haryana.

            RAJESH BINDAL, J.

The State is in appeal seeking reduction of the amount of compensation awarded by the learned court below.

Brief facts of the case are that vide notification dated 23.01.1990, issued under Section 4 of the Land Acquisition Act 1894 ( for short "the Act"), land measuring 32.91 acres situated in the area of village Dharuhera, District Rewari was acquired by the State of Haryana for development and utilization of the land as residential and commercial area in Sector-4 A in Dharuhera. The same was followed by notification dated 18.01.1991 issued under Section 6 of the Act. The Land Acquisition Collector (for short "the Collector") vide award dated 27.03.1992 assessed the market value of the acquired land @ ` 1,50,000/- per acre for Chahi; ` 1,00,000/- per acre for Gair Mumkin (residential) and ` 80,000/- per acre for other Gair Mumkin kind of land. The landowners feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below vide its award dated 13.05.1998 determined the market value of the acquired land in two parts i.e. first part in respect of the land situated on Dharuhera-Sohna road upto a depth of one kila @ ` 180/- per square yard and for second part in respect of the land situated on the back of land consisted in first part @ ` 90/- per square yard.

Learned counsel for the State fairly submitted that the claim made in the present appeal is squarely covered by the judgment of this Court in RFA No. 2779 of 1994, titled as Shamsher Singh and others Vs. State of Haryana and others, decided on 29.07.2009, whereby the appeals filed by the State were dismissed.

For the detailed reasons recorded in Shamsher Singh's case (supra), the present appeal is dismissed.

(RAJESH BINDAL) JUDGE 18.07.2013 sharmila Devi Sharmila 2013.07.30 16:03 I attest to the accuracy and integrity of this document Chandigarh