Punjab-Haryana High Court
Haryana State And Another vs Dharamvir And Others on 16 December, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A. No. 2781 of 2008 (1)
In the High Court of Punjab & Haryana at Chandigarh
Civil Misc. Nos. 5675-77/CI of 2008 and
R. F. A. No. 2781 of 2008 (O&M)
Date of decision : 16.12.2008
Haryana State and another ..... Appellants
vs
Dharamvir and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Yashpal, Advocate, for respondents no. 1 to 11.
Rajesh Bindal J.
C.M. No. 5675 and 5677/C-I/2008.
Mr. Yashpal, Advocate, has put in appearance for respondents no. 1 to 11 Learned counsel for the respondents does not have any objection to the condonation of delay in refiling as well as of in filing the appeal. Accordingly, applications are allowed and delay of 69 days in refiling and 277 days in filing the appeal is condoned.
C. M. No. 5676/CI of 2008.
Civil misc. is allowed and the appellants are exempted from filing certified copy of judgment dated 23.1.2007.
R. F. A. No. 2781/2008.
Heard learned counsel for the parties on merits of the appeal. The State has filed the present appeal against the award dated 23.1.2007 passed by the learned Additional District Judge, Faridabad.
Learned counsel for the appellants submitted that the land situated in the revenue estate of Village Unchagaon, Tehsil Ballabgarh, District Faridabad, measuring 46.04 acres was acquired vide Notification dated 16.3.1998, issued under Section 4 of the Land Acquisition Act, 1894, for development and utilisation as institutional, residential and commercial area for Sector-62, Faridabad by the Haryana Urban Development Authority.
The learned court below while relying upon judgment of this court in R. F. A. No. 2501 of 2001- Ved Pal and others vs State of Haryana and others, decided on 3.5.2006 (Ex. P-2), determined the compensation payable to the landowners in the present case by granting increase of Rs. 5/- per annum per R. F. A. No. 2781 of 2008 (2) square yard. The acquisition under consideration in Ved Pal's case (supra) was made vide notification dated 12.5.1995, where the compensation was assessed at Rs. 450/- per square yard. The increase granted for the period of about three years for the difference of two acquisitions @ Rs. 5/- per annum per square yard cannot be said to be on higher side. Accordingly, I do not find any merit in the appeal and the same is dismissed.
16.12.2008 ( Rajesh Bindal) vs. Judge