Punjab-Haryana High Court
Haryana State And Another vs Kamla Devi And Others on 27 April, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 1421 of 1995 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
R. F. A No. 1421 of 1995 (O&M)
Date of decision : 27.4.2011
Haryana State and another ..... Appellants
vs
Kamla Devi and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J.
This order shall dispose of RFA Nos. 1421 to 1423 and 2079 of 1995, as common questions of law and facts are involved therein.
By filing the appeals, the State of Haryana is seeking reduction of compensation awarded to the landowners for the acquired land whereas by filing appeal the landowners are seeking enhancement thereof.
Briefly, the facts of the case are that vide notification dated 22.5.1984 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Haryana, sought to acquire land situated within the revenue estate of Hisar, for residential area at Hisar. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the acquired land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below, on the basis of judgment of this court, determined the market value of the acquired land @ ` 120/- per square yard. It is this award which is impugned by both the parties before this court.
RFA No. 1421 of 1995 (2)It is admitted by learned counsel for the State that the learned court below had awarded compensation for the acquired land on the basis of judgment of this court.
Since the amount of compensation for the acquired land has been assessed on the basis of earlier judgment of this court, no ground to decrease the amount of compensation is made out. Accordingly, the appeals filed by the State are dismissed. However, as no one has appeared for the appellants, RFA No. 2079 of 1995 is dismissed in default.
27.4.2011 (Rajesh Bindal) vs. Judge