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[Cites 2, Cited by 1]

Punjab-Haryana High Court

State Of Haryana And Another vs Jasbir Singh And Others on 20 January, 2009

Author: Rajesh Bindal

Bench: Rajesh Bindal

                 In the High Court of Punjab & Haryana at Chandigarh

                                         Civil Misc. No. 10252/CI of 2008 and
                                            R. F. A No. 4981 of 2008 (O&M)


State of Haryana and another                                 ..... Appellants
                                         vs
Jasbir Singh and others                                      ..... Respondents
Coram:       Hon'ble Mr. Justice Rajesh Bindal


Present:     Mr. Navneet Singh, Assistant Advocate General, Haryana.

             Mr. Sachin Kapoor, Advocate for

Mr. Sikander Bakshi, Advocate, for respondents no. 2 and 3.

Rajesh Bindal J.

The State has filed the present appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction in the compensation for the acquired land.

Briefly, the facts of the case are that the State of Haryana vide notification dated 21.12.1998 issued under Section 4 of the Act, acquired the land for development and utilisation thereof as residential and commercial area in Sector 3 Fatehabad. The Land Acquisition Collector assessed the market value of the land at Rs. 4,00,000/- per acre. On reference under Section 18 of the Act, the learned court below vide award dated 21.5.2008, determined the market value of the acquired land @ Rs. 312/- per square yard.

Learned counsel for the parties very fairly conceded that the claim made in the present appeal is squarely covered by n judgment of this court in R. F. A. No. 69 of 2000 Ram Kumar (Advocate) vs State of Haryana and others decided on 22.9.2008, whereby the compensation payable to the landowners was further enhanced.

Since this court had further enhanced the compensation payable to the landowners, the present appeal does not survive. Accordingly, for the detailed reasons recorded in Ram Kumar's case (supra), the appeal is dismissed.

As there is no merit in the appeal, I do not find any reason to condone even the delay in filing appeal. The application is dismissed.





20.1.2009                                                ( Rajesh Bindal)
vs.                                                            Judge