Punjab-Haryana High Court
State Of Haryana vs Girraj Parshad And Others on 10 December, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A No. 909 of 1996 (1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 909 of 1996 (O&M)
Date of decision : 10.12.2008
State of Haryana ... Appellant
vs
Girraj Parshad and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Manoj Thakur, Advocate, for the respondents.
Rajesh Bindal J.
The State has approached this court for reduction in the compensation for the acquisition of land.
Briefly, the facts are that vide notification dated 10.6.1988, issued 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 Jharsetli and Ballabgarh, Tehsil Ballabgarh, District Faridabad, for the development and utilisation of land as Industrial area in Sector-59 of Faridabad-Ballabgarh controlled Area. The Land Acquisition Collector assessed the market value of the land at Rs. 1,00,000/- per acre for chahi, narmot, nehri, banjar quadim, gair mumkin talab and gair mumkin kind of land and Rs. 1,50,000/- per acre for second type of land which was classified as gair mumkin talab. On reference under Section 18 of the Act, the learned court below vide award dated 9.8.1995, determined the market value of the acquired land at Rs. 150/- per square yard.
Learned Assistant Advocate General, Haryana, very fairly submitted that the issue involved in the present appeal is squarely covered by the judgment of this court in R. F. A. No. 1329 of 1995- State of Haryana vs Vijay Kumar decided on 19.11.2008, whereby the appeals arise out of the same acquisition have been remitted back to the learned Reference Court for fresh consideration.
R. F. A No. 909 of 1996 (2)This fact is also not disputed by the learned counsel for the landowners/respondents.
For the reasons recorded in Vijay Kumar's case (supra), the appeal is disposed of in the same terms. The parties through their counsel are directed to appear before the learned District Judge, Faridabad, on 20.12.2008 for further proceedings. The learned District Judge may either keep the references with himself or may entrust the same to any other Additional District Judge who is dealing with the cases referred back earlier.
10.12.2008 ( Rajesh Bindal) vs. Judge