Punjab-Haryana High Court
Gutti vs State Of Haryana on 30 August, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
RFA No.1395 of 1994 (O&M)
Gutti ..... Appellant
vs
State of Haryana ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: None for the appellant.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowners have filed the present appeal seeking further enhancement of compensation for the superstructure existing on the acquired land.
Briefly, the facts are that vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land along with superstructure situated within the revenue estate of village Raily, Tehsil Panchkula, District Ambala, for the development and utilisation thereof as residential, commercial and industrial area. The Land Acquisition Collector vide award no. 4 dated 31.7.1990 awarded compensation of ` 1,500/- for the superstructure. Dissatisfied with the award of the Collector, the landowner filed objections under Section 18 of the Act. On reference, the learned court below enhanced the compensation to ` 2,000/- vide award dated 9.10.1993. It is this award which is impugned in the present appeal.
No one has appeared for the appellant at the time of hearing. A perusal of the impugned award shows that the appellant had led evidence with regard to the market value of the land and not for the superstructure existing thereon. In the absence of that also, the court below had enhanced the compensation from ` 1,500/- to ` 2,000/-. As there is no evidence available on record, prima facie, no case for interference is made out.
However, as no one has appeared for the appellant, the present appeal is dismissed in default.
30.8.2010 (Rajesh Bindal) vs. Judge