Punjab-Haryana High Court
State Of Haryana vs Smt. Vibha Sharma And Another on 2 February, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2017 of 2008 (O&M)
State of Haryana ... Appellant
vs
Smt. Vibha Sharma and another .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The State has approached this court for reduction in
compensation for the acquisition of land.
Brief facts of the case are that vide notification dated 16.3.1999, issued under Section 4 of the Act, land situated in Village Bhainsa Tibba, Hadbast No. 377, Tehsil and District Panchkula was acquired by the State of Haryana for development and utilisation as residential, commercial, institutional, recreational area in Sectors 1, 2, 3, 5B, 5C and 6, Mansa Devi Complex, Panchkula. The Land Acquisition Collector assessed the market value at Rs. 9,00,000/- per acre for Chahi Abi-barani land; Rs. 5,00,000/- per acre for Banjar land and Rs. 2,60,000/- per acre for Gair Mumkin kind of land. The landowners/claimants feeling dissatisfied with the quantum of compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land at Rs. 418/- per square yard.
Learned State counsel fairly submitted that the issue involved in the present appeal is squarely covered by the judgment of this court in R. F. A. No. 3008 of 2008- Smt. Poonam vs State of Haryana and another decided on 25.2.2009, whereby the appeals arise out of the same acquisition have been decided and the matter was remitted back for fresh consideration.
For the reasons recorded in Smt. Poonam's case (supra), the appeal is disposed of in the same terms. The parties are directed to appear before the learned District Judge, Panchkula, on 20.3.2010. The learned District Judge may either keep the references with himself or may entrust the same to any other Additional District Judge who is dealing with the cases earlier referred back by this Court.
2.2.2010 ( Rajesh Bindal) vs. Judge