Punjab-Haryana High Court
Haryana State Industrial Development ... vs Rattan Lal And Others on 30 August, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
R.F.A. No. 4614 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Cross-objection No. 125/CI of 2010
and R.F.A. No. 4614 of 2009 (O&M)
Date of Decision: 30.8.2010
Haryana State Industrial Development Corporation .... Appellant
vs.
Rattan Lal and others .... Respondents
Coram : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr. Rajesh Hooda, Advocate for
Mr. Kamal Sehgal, Advocate, for the HSIDC.
Mr. P. R. Yadav, Advocate, for the cross-objectors.
Mr. D. D. Gupta, Additional Advocate General, Haryana.
RAJESH BINDAL, J This order will dispose of appeals bearing RFA Nos. 4614 and 4615 of 2009 and the cross-objections filed therein, arising out of common acquisition.
The landowners have filed cross-objections seeking enhancement of compensation for the acquired land whereas by filing appeals the Haryana State Industrial Development Corporation (for short, "the HSIDC") is seeking reduction of compensation.
Briefly the facts are that vide notification dated 10.9.1992 under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Haryana acquired land in the revenue estate of villages Chirhara, Suthana and Jaliawas, Tehsil Bawal, District Rewari for setting up of Growth Centre at Bawal by HSIDC. The same was followed by notification dated 3.9.1993 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') awarded compensation @ ` 1,10,000/- per acre for chahi, ` 70,000/- per acre for bhur, ` 85,000/- per acre for barani, ` 1,10,000/- per acre for gair mumkin, ` 1,25,000/- per acre for the land near road upto depth of two acre; and ` 3,00,000/- per acre on both sides of NH No. 8 upto depth of two acres. The objections filed by the landowners under Section 28-A of the Act were allowed by the learned court below and they were awarded compensation @ ` 5,20,000/- per acre for all types of land upto the depth of 500 meters on both sides of NH No. 8 and NH No. 71 (Rewari-Bawal Road), and ` 3,20,000/- per acre for the the remaining land. Aggrieved against the award of learned Court below, the landowners as well as the HSIDC are before this Court.
R.F.A. No. 4614 of 2009 -2-Learned counsel for the parties submitted that the issues raised in the present set of appeals as well as cross-objections are squarely covered by judgment of this court in RFA No. 3323 of 2005 - Haryana State Industrial Development Corporation and another vs Gindori and others, decided on 23.8.2010.
In view of the above, the appeals as well as the cross-objections are disposed of in terms of aforesaid judgment.
30.8.2010. (Rajesh Bindal) vs. Judge