Mohan Lal Goel vs State Of Haryana & Ors on 24 August, 2015

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Punjab-Haryana High Court

Mohan Lal Goel vs State Of Haryana & Ors on 24 August, 2015

Bench: Rajesh Bindal

             RFA No. 4999 of 2014                       (1)



           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                      CM No. 8133/CI of 2014 and
                                      RFA No. 4999 of 2014 (O&M)
                                      Date of decision : 24.8.2015

Mohan Lal Goel                                    .. Applicant-appellant
                                    versus
State of Haryana and others                       .. Respondents


Coram:       Hon'ble Mr. Justice Rajesh Bindal

Present:     Mr. Ritesh Kumar Bansal, Advocate,
             for the applicant-appellant.
             Mr. Arun Beniwal, Deputy Advocate General, Haryana.
             Mr. Pankaj Jain, Advocate, for respondent nos. 3 and 4.


Rajesh Bindal, J.

The landowner is in appeal seeking enhancement of compensation for the acquired land. Along with the appeal, application seeking condonation of delay of 2,952 days in filing thereof has also been filed.

Briefly, the facts of the case are that vide notification dated 19.6.1995, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana sought to acquire land situated in the revenue estate of villages Bhanu, Hadbast No. 234, Mankiyan, Hadbast No. 233, District Panchkula for development and utilisation thereof for basic training centre for Indo-Tibetan Border Police, Ministry of Home Affairs, Government of India. The same was followed by notification dated 18.6.1996, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector'), vide award dated 10.7.1997, assessed the market value of the acquired land @ ` 1,70,000/- per acre for Chahi and Nehri kind of land and ` 1,55,000/- per acre for Barani, Banjar Kadim and Gair Mumkin kinds of land of both the villages. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of RFA No. 4999 of 2014 (2) the acquired land @ ` 2,94,000/- per acre. The aforesaid award has been impugned by the landowner in the present appeal seeking further enhancement.

CM No. 8133/CI/2014

After hearing learned counsel for the parties and considering the judgment of Hon'ble the Supreme Court in Imrat Lal and others vs Land Acquisition Collector and others 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs. vs Haryana State and others 2015(2) RCR (Civil) 507, delay of 2,952 days in filing the appeal is condoned. However, for the period of delay, the appellant shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal.

Civil misc. stands disposed of.

RFA No. 4999/2014

Learned counsel for the appellant submitted that the claim made in the present appeal is squarely covered by judgments of this Court in RFA No. 1050 of 2006 - Harkirat Singh and others vs Stae of Haryana and another, decided on 7.2.2011, whereby the compensation for the land acquired vide same notification was further enhanced.

Learned counsel for the respondents did not dispute the aforesaid factual position.

Accordingly, for the reasons recorded in Harkirat Singh's case (supra), the appeal is disposed of in the same terms. However, the landowner shall not be entitled to interest for the period of delay in filing the appeal i.e. 2,952 days.


24.8.2015                                         (Rajesh Bindal)
vs                                                        Judge

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