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Punjab-Haryana High Court

Haryana State And Another vs Mohinder Pal Singh (Deceased) on 12 September, 2008

Author: Rajesh Bindal

Bench: Rajesh Bindal

R. F. A No. 36 of 1988                                                  1

              In the High Court of Punjab & Haryana at Chandigarh

                                              Date of decision : 12.9.2008


1.      R. F. A No. 36 of 1988 (O&M)

        Haryana State and another                          .... Appellants
                                     vs
        Mohinder Pal Singh (deceased)
        through LRs. and another                           ..... Respondents

2. R. F. A No. 81 of 1988 (O&M) Mohinder Pal Singh (deceased) through LRs. and another ..... Appellants vs Haryana State and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Ms. Meenakshi Chaudhary, Advocate, for the appellants in R. F. A. No. 81 of 1988 and for the respondent in R. F. A. No. 36 of 1988 Mr. Navneet Singh, Assistant Advocate General, Haryana.

Rajesh Bindal J.

This order shall dispose of Regular First Appeal Nos. 36 and 81 of 1988, as the same arise out of the same acquisition. However, the facts have been extracted from R. F. A. No. 36 of 1988.

The landowners/claimants have approached this court for further enhancement, whereas the State of Haryana has filed the present appeal for reduction in the compensation.

Briefly, the facts are that vide Notification No. LAO.- 80/NTLA/2415 dated 4.6.1980 under Section 4 of the Land Acquisition Act, 1894, the land measuring 247.09 acres, was acquired for a public purpose namely for the development and utilisation of the land as residential and commercial area in the Urban Estate at Karnal. The award was announced by the Collector on 6.7.1981. The learned Additional District Judge vide award dated 22.9.1987, determined the value of the land at the rate of Rs. 33/- per sq. yard.

Learned Assistant Advocate General, Haryana, did not dispute the fact that the claim made by the landowners in R. F. A. No. 81 of 1988 is squarely covered by the judgment of this Court in Dr. Rajwant Singh (Died) through LRs. Vs State of Haryana 2008 (2) RCR (Civil) 780, where the compensation for acquisition of land vide notification dated 4.6.1980 was assessed at Rs. 39/- per sq. yard.

For the reasons recorded in Dr. Rajwant Singh's case (supra), the appeal filed by the State of Haryana is dismissed. However, the appeal filed by the claimants/landowners is allowed in terms of Dr. Rajwant Singh's case (supra).

12.9.2008                                             ( Rajesh Bindal)
vs.                                                        Judge