Punjab-Haryana High Court
State Of Haryana & Another vs Smt. Shakuntla & Others on 6 May, 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.1570 of 1997.
Date of Decision : 6.5.2010.
State of Haryana & another ......Appellants
Versus
Smt. Shakuntla & others ......Respondents
CORAM : HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. H.S. Hooda, Advocate General, Haryana with
Mr. Ashish Gupta, Advocate,
for the appellants-State.
Mr. Arun Jain, Sr. Advocate with
Mr. Amit Jain, Advocate.
Mr. R.P. Dhaka, Advocate.
Mr. Rajbir Sehrawat, Advocate,
Mr. I.S. Balhara, Advocate.
Mr. Ramesh Hooda, Advocate.
Mr. Amit Shivram, Advocate.
Mr. Naresh Katyal, Advocate.
NAWAB SINGH J.(ORAL)
This judgment would dispose of above mentioned 88 appeals as the same arise out of a common acquisition.
2. RFA No. 2231, 2280, 2345, 2351, 2356-59, 2479- 86, 2500-05, 2522-25, 2528, 2530, 2533-34, 2536, 2540-41, 2551-53 of 1996 and 88-89, 94, 388, 391, 472-475 and 907 of 1997 have been filed by the land owners seeking enhancement of the compensation for the acquired land and RFA No. 1570-71, 1573-74, 1580-81, 1583-85, 1587, 1589-92, 1595, 1599, 1600-01, 1609, 1611- 12, 1615, 1619-20, 1622, 1624-27, 1631, 1633-37, 1639, 1641-46 if 1997 have been filed by the State seeking reduction of the compensation awarded to the land owners.
3. The appeals are directed against the judgment/Award dated August 1st, 1996 passed by District Judge/Court of Reference, Rohtak (Here in after referred to as "the Court of Reference"), whereby, he assessed the market value of the RFA No.1570 of 1997. (2) acquired land at the rate of Rs.55/- per square yard.
4. Pursuant to the notification dated December 26th, 1989 land of village Bohar, District Rohtak was acquired for construction of residential and commercial buildings by way of extension of Sector-3, Rohtak. The Land Acquisition Collector assessed the market value of the acquired land at the rate of Rs.64,000/- per acre for Rect. No.100-101, 129-132; Rs.30/- per square yard for Rect. No.134 to 139 and; Rs.50/- for Rect. No.162-
167. Dis-satisfied therewith, the land owners filed references under Section 18 of the Land Acquisition Act (for short "the Act") which were disposed of by the impugned order determining the market value of the acquired land at the rate of Rs.55/- per square yard.
5. The solitary contention of learned counsel for the appellants is that vide present notification, land measuring 367.50 acres of this very village was acquired and that too for the same purpose. Hon'ble Mr. Justice Hemant Gupta in Parchare vs. Haryana State and another (RFA No.3497 of 1993 decided on November 5th, 2009) determined the market value of the acquired land at the rate of Rs.60/- per square yard in respect of Rect. No.162-167; Rs.45/- per square yard for Rect. No.134-139 and; Rs.30/- per square yard for the rest of the land so, in this case also, the market value of the acquired land should be assessed at the same rate as in the case of Parchare's case (supra).
6. In view of above, in this case also, the market value of the acquired land is determined at the rate of Rs.60/- per square yard in respect of Rect. No.162-167; Rs.45/- per square yard for Rect. No.134-139 and; Rs.30/- per square yard for the rest of the land. The appellants shall also be entitled to all statutory benefits on the enhanced amount. The appeals are disposed of accordingly.
(NAWAB SINGH) JUDGE 6.5.2010.
SN