Punjab-Haryana High Court
Udal And Others vs The State Of Haryana And Another on 8 May, 2012
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 149 of 1993
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No. 149 of 1993 (O&M)
Date of decision : 08.05.2012
Udal and others ...Appellants
vs.
The State of Haryana and another
..Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present:. None for the landowners.
Mr. Anjum Ahmed, Additional Advocate General, Haryana.
Rajesh Bindal, J.
The landowners are in appeal seeking enhancement of compensation for the acquired land.
Briefly the facts of the case are that vide notification dated 20.11.1988 issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), the State of Haryana sought to acquire land situated in the revenue estate of village Bopania, Tehsil Bahadurgarh, District Rohtak for construction of Gurgaon Water Supply Channel from RD Km 32 to 44 Km. The same was followed by notification dated 02.02.1989, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award dated 25.01.1990 assessed the market value of the acquired land @ ` 60,000/- per acre for Nehri land; ` 55,000/- per acre for Chahi land; ` 40,000/- per acre for Barani land and ` 35,000/- per acre for Bhud/Banjar Kadim/Gair Mumkin and other land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below assessed the market value of the acquired land @ ` 72,500/- per acre for Canal irrigated/Chahi land; ` 48,000/- per acre for RFA No. 149 of 1993 2 Barani land and ` 42,000/- per acre for Banjar Kadim/Bhud/Gair Mumkin kind of land.
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. 1948 of 1991 --Smt. Sarta and another Vs. State of Haryana and another, decided on 01.11.2006 whereby this Court had further enhanced the compensation for the land acquired.
For the reasons mentioned in Smt. Sarta's case (supra), the present appeal is disposed of in the same terms.
(RAJESH BINDAL) JUDGE 08.05.2012 sharmila