Punjab-Haryana High Court
Shakuntla Devi vs State Of Haryana And Another on 21 January, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A No. 825 of 2003 1
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 21.1.2010
1. R. F. A No. 825 of 2003 (O&M)
Shakuntla Devi ... Appellant
vs
State of Haryana and another .... Respondents
2. R. F. A No. 826 of 2003 (O&M) Tara Devi ... Appellant vs State of Haryana and another .... Respondents
3. R. F. A No. 1230 of 2003 (O&M) Lokinder Singh and others ... Appellants vs State of Haryana and another .... Respondents
4. R. F. A No. 1231 of 2003 (O&M) Smt. Kamla Devi ... Appellant vs State of Haryana and another .... Respondents 5. R. F. A No. 1232 of 2003 (O&M) Pt Kishan Dass and others ... Appellants vs State of Haryana and another .... Respondents 6. R. F. A No. 1233 of 2003 (O&M) Gafoor ... Appellant vs State of Haryana and another .... Respondents 7. R. F. A No. 1234 of 2003 (O&M) Yoginder Singh ... Appellant vs State of Haryana and another .... Respondents 8. R. F. A No. 1235 of 2003 (O&M) Partap Singh and others ... Appellants vs State of Haryana and another .... Respondents R. F. A No. 825 of 2003 2 9. R. F. A No. 1236 of 2003 (O&M) Tikka Trivikram Singh and others ... Appellants vs State of Haryana and another .... Respondents
10. R. F. A No. 1237 of 2003 (O&M) Mrs. Madhu and others ... Appellants vs State of Haryana and others .... Respondents
11. R. F. A No. 1238 of 2003 (O&M) Talinder Singh ... Appellant vs State of Haryana and another .... Respondents
12. R. F. A No. 1239 of 2003 (O&M) Janki Devi (deceased) through LRs ... Appellant vs State of Haryana and another .... Respondents
13. R. F. A No. 1261 of 2003 (O&M) Rajinder Singh ... Appellant vs State of Haryana and another .... Respondents
14. R. F. A No. 1560 of 2003 (O&M) Phool Kumari ... Appellant vs State of Haryana and another .... Respondents
15. R. F. A No. 1578 of 2003 (O&M) Prem Singh and others ... Appellants vs State of Haryana and others .... Respondents
16. R. F. A No. 4688 of 2003 (O&M) State of Haryana ... Appellant vs Purujit Singh and another .... Respondents
17. R. F. A No. 4691 of 2003 (O&M) State of Haryana ... Appellant vs Smt. Kamala Devi and another .... Respondents R. F. A No. 825 of 2003 3
18. R. F. A No. 4692 of 2003 (O&M) State of Haryana ... Appellant vs Gafoor and another .... Respondents
19. R. F. A No. 4693 of 2003 (O&M) State of Haryana ... Appellant vs Yoginder Singh and another .... Respondents
20. R. F. A No. 4694 of 2003 (O&M) State of Haryana ... Appellant vs Talinder Singh and another .... Respondents
21. R. F. A No. 4695 of 2003 (O&M) State of Haryana ... Appellant vs Smt. Tara Devi and another .... Respondents
22. R. F. A No. 4696 of 2003 (O&M) State of Haryana ... Appellant vs Janki Devi and another .... Respondents
23. R. F. A No. 4697 of 2003 (O&M) State of Haryana ... Appellant vs Pt. Kishan Dass and others .... Respondents
24. R. F. A No. 4698 of 2003 (O&M) State of Haryana ... Appellant vs Rana Dvesh Singh and another .... Respondents
25. R. F. A No. 4699 of 2003 (O&M) State of Haryana ... Appellant vs Ami Chander and another .... Respondents
26. R. F. A No. 4702 of 2003 (O&M) State of Haryana ... Appellant vs Davinder Singh and others .... Respondents R. F. A No. 825 of 2003 4
27. R. F. A No. 4703 of 2003 (O&M) State of Haryana ... Appellant vs Prem Singh and others .... Respondents
28. R. F. A No. 4705 of 2003 (O&M) State of Haryana ... Appellant vs Smt. Phool Kumari and others .... Respondents
29. R. F. A No. 4706 of 2003 (O&M) State of Haryana ... Appellant vs Partap and others .... Respondents
30. R. F. A No. 4707 of 2003 (O&M) State of Haryana ... Appellant vs Lokinder Singh and others .... Respondents
31. R. F. A No. 4709 of 2003 (O&M) State of Haryana ... Appellant vs Smt. Shakuntala Devi and another .... Respondents
32. R. F. A No. 4710 of 2003 (O&M) State of Haryana ... Appellant vs Rajinder Singh and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. H. N. Mehtani and Mr. M. K. Chauhan, Advocates, for the landowners.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This order shall dispose of aforementioned appeals as the same arise out of a common acquisition. The claimants/landowners have approached this court for further enhancement, whereas the State of Haryana has filed appeals for reduction in the compensation.
R. F. A No. 825 of 2003 5The facts have been extracted from RFA No. 825 of 2003. Briefly, the facts are that vide notification dated 11.7.1995, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land in Villages Devinagar, Ban Madanpur and Jhuriwala, District Ambala, for construction of road between Sectors 3 and 21 and between 24 and 25, Panchkula. The Land Acquisition Collector assessed the market value of the land at Rs. 1,05,000/- per acre for Village Jhuriwala, Rs. 3,00,000/- per acre for Village Devinagar and Rs. 2,81,000/- per acre for Village Jhuriwala. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below assessed the compensation at Rs. 5,60,000/- per acre for the acquired land in Villages Jhuriwala and Ban Madanpur and Rs. 256/- per square yard for the land of Village Devi Nagar.
The land in the present set of appeals pertains to Villages Jhuriwala and Ban Madanpur. While deciding the reference, the learned court below relied upon an earlier award, Ex. P67, whereby the land pertaining to the same villages was acquired earlier vide notification dated 4.5.1995 whereas acquisition in the present case was vide notification dated 11.7.1995. It was further pointed out that the award, Ex. P67, passed by the learned court below, as was relied upon by the learned reference court, was subject matter of appeal before this court in RFA No. 2574 of 2002 titled as Tara Devi vs State of Haryana and another which was disposed of by this court vide judgment dated 27.10.2006 and considering the contentions raised by the parties and also the additional evidence sought to be produced by the landowners on record, this court while setting aside the award under challenge therein had remanded the matter back to the learned court below for fresh determination granting liberty to the parties to lead additional evidence as desired by them in accordance with law.
In the present set of appeals, the learned reference court determined the compensation for the land acquired while relying upon an earlier award which was set aside by this court and the matter was remanded back to the learned reference court for fresh determination. The same deserves to be followed in the present set of appeals as well. In the present appeals also, the landowners have filed application for additional evidence seeking to rely upon certain other awards pertaining to other acquisitions in the vicinity.
The learned State counsel did not dispute the aforesaid factual position i.e. reliance upon an earlier award by the learned court below and in challenge thereto, setting aside thereof by this court in Tara Devi's case (supra) and remand of the cases back to the learned reference court for fresh consideration.
R. F. A No. 825 of 2003 6Accordingly, for the reasons stated in Tara Devi's case (supra), the impugned award in the present set of appeals pertaining to Villages Ban Madanpur and Jhuriwala is set aside. The matter is remanded back to the learned court below for fresh consideration in terms of observations made in the aforesaid judgment.
The parties through their counsels are directed to appear before the learned District Judge, Panchkula, on 20.2.2010. The learned District Judge may either kept the references with himself or may entrust the same to any other Additional District Judge. It is further clarified that the amount of compensation, if any, already paid to the landowners shall not be recovered from them. However, the same shall be subject to final determination of compensation by the learned court below.
The appeals are disposed of accordingly.
21.1.2010 ( Rajesh Bindal) vs. Judge