Punjab-Haryana High Court
Sultan Singh And Others vs State Of Haryana And Others on 23 September, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 3236 of 2009
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 3236 of 2009 (O&M)
Date of decision : 23.9.2010
Sultan Singh and others ... Appellants
vs
State of Haryana and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Shailendra Jain, Advocate, for the appellants.
Mr. D. D. Gupta, Additional Advocate General, Haryana.
Mr. Kamal Sehgal, Advocate, for HSIDC.
Rajesh Bindal J.
By filing the present appeal, the landowners have approached this court for further enhancement of compensation for the acquired land.
Briefly, the facts are that vide notification dated 11.12.1995, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana acquired land situated in villages Jaliawas, Suthana, Suthani, Asalwas, Jalalpur, Chirhara and Rudh, Tehsil Bawal, District Rewari for setting up of Growth Centre at Bawal. The Land Acquisition Collector (for short, `the Collector') vide award dated 26.9.1997, assessed the compensation of acquired land @ ` 1,10,000/- per acre for Chahi, ` 94,000/- for barani, ` 1,43,000/- per acre for gair mumkin, ` 1,54,000/- per acre upto depth of 2 acres on both sides of road, and ` 6,00,000/- per acre upto depth of two acres on both sides of NH No. 8. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 8,00,000/- per acre for the land upto the depth of 500 yards on both sides of National Highway No. 8 and ` 6,00,000/- per acre for the remaining land. It is this award which is impugned by the landowners by filing the present appeal.
Learned counsel for the appellants submitted that issues raised in the present appeal are squarely covered by judgment of this court in RFA No. 3541 of 2006 - Nand Ram and others vs State of Haryana and others, decided on 14.9.2010.
RFA No. 3236 of 2009Aforesaid fact is not disputed by the learned counsels for the respondents.
Along with the appeal, an application has been filed by Rohtas, seeking permission to file appeal on behalf of deceased Gahar Singh, claiming himself to be the sole legal heir of deceased Gahar Singh on the basis of Will, Annexure A-2. The said deceased had also left behind one daughter Veena as well. Notice of the application was ordered to be issued to Veena on 1.12.2009. But the service could not be effected on account of non furnishing of her complete address.
As the main issue in the appeal is covered by the earlier judgment of this court, while disposing of the appeal in terms of judgment of this court in Nand Ram's case (supra), it is directed that the issue regarding entitlement of compensation to the legal representatives shall be considered by the executing court.
Ordered accordingly.
23.9.2010 (Rajesh Bindal) vs. Judge