Punjab-Haryana High Court
Vishnu Dutt And Others vs State Of Haryana on 8 September, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A No. 473 of 1991 (1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 473 of 1991 (O&M)
Date of decision : 8.9.2010
Vishnu Dutt and others ..... Appellants
vs
State of Haryana ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sunil Sharma, Advocate, for the appellants.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This order will dispose of appeals bearing RFA Nos. 473, 475, 692, 882, 894, 1020 to 1026, 2382 of 1991.
The landowners have filed the appeals against the award of the learned court below for enhancement of compensation for the acquired land whereas the State of Haryana has filed the appeals for reduction of compensation.
However, the facts have been extracted from RFA No. 473 of 1991. Briefly, the facts of the case are that the State of Haryana vide notification dated 10.1.1983 issued under Section 4 of the Act, acquired the land situated in revenue estate of Village Selokhra, Tehsil and District Gurgaon, for the development and utilisation thereof as residential and commercial area at Gurgaon. The Land Acquisition Collector assessed the market value of the land @ ` 60,000/- per acre for chahi, ` 50,000/- per acre for magda and ` 40,000/- per acre for gair mumkin kind of land. On reference under Section 18 of the Act, the learned court below vide award dated 4.1.1991, determined the market value of the acquired land @ ` 136/- per square yard upto depth of 10 yards from the National Highway No. 8 and @ ` 68/- per square yard for the rear portion beyond the said depth. It is this award which is impugned in the present set of appeals by both the parties.
Learned counsel for the parties did not dispute that the claim made in the present set of appeals is squarely covered by Division Bench judgment of this court in RFA No. 2 of 1991 Azad Singh vs The State of Haryana and another, decided on 30.9.1997, whereby award of the Reference Court was upheld. The view taken in Azad Singh's case (supra), was further followed by this court in RFA No. 1015 of 1991- State of Haryana and another vs Rameshwar (deceased) R. F. A No. 473 of 1991 (2) through LRs., RFA No. 1016 of 1991- State of Haryana and another vs Gram Panchayat, Salokhra, RFA No. 1017 of 1991- State of Haryana vs Gopi Chand @ Gopi Ram, RFA No. 1018 of 1991- State of Haryana vs Mool Chand, RFA No. 1214 of 1991- Ved Parkash and others vs The Haryana State, RFA No. 330 of 1991- Mool Chand vs State of Haryana and another, RFA No. 332 of 1991- Gopi Chand @ Gopi Ram vs State of Haryana and another, decided on 18.12.2008. The amount of compensation assessed in the present set of appeals is also in the same terms. Accordingly, the claim made in the present set of appeals does not survive.
In view of the above, the appeals are dismissed.
8.9.2010 (Rajesh Bindal) vs. Judge