Punjab-Haryana High Court
State Of Haryana And Another vs Siri Krishan And Others on 5 December, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 2085 of 2011 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No. 2085 of 2011 (O&M)
Date of decision : 5.12.2011
State of Haryana and another ...Appellants
vs
Siri Krishan and others ...Respondents
Coram : Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Hitinder Singh Lalli, Addl. Advocate General, Haryana.
Rajesh Bindal, J.
This order shall dispose of appeals bearing RFA Nos. 2085 to 2088 of 2011, as common questions of law and facts are involved in these appeals.
The present set of appeals have been filed by the State of Haryana seeking reduction of compensation awarded by the learned court below to the landowners for the acquired land.
The bunch of appeals pertains to the valuation of land measuring 2.419 acres acquired for construction of Assudha Pump House Link Drain for which notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') was issued by the State of Haryana on 30.1.2000. The land is situated within the revenue estate of village Assudha Sewan, Hadbast No. 29, Tehsil Bahadurgarh, District Jhajjar. The Land Acquisition Collector (for short 'the Collector') vide award dated 11.4.2002 assessed the market value of the acquired land @ ` 3,55,000/- per acre. The land owners being dissatisfied with the award of the Collector filed objections which were referred to the learned Court below. On reference under Section 18 of the Act, the learned Court below assessed the compensation of the acquired land @ ` 6,00,000/- per acre. Aggrieved against the award of the learned court below, the State is in appeal before this court.
RFA No. 2085 of 2011 (2)Learned counsel for the State did not dispute the fact that the two sale-deeds, Ex. P-1 and Ex. P-2, relied upon by the learned court below for assessment of compensation for the acquired land pertained to the village to which the acquired land belonged. The area dealt in the aforesaid sale-deeds, which were registered on 9.12.1999 and 3.12.1999, respectively is 6 kanals 6 marlas each. Both were for sale consideration of ` 4,50,000/-. The acquired land is also merely 2.419 acres. The learned court below while referring to the aforesaid sale-deeds, also noticed the fact that the village Assudha Sewan to which the acquired land belonged, is situated near National Highway No. 10 and on State Highway; number of industrial units are also existing close to the acquired land. For the time gap in the registration of sale-deeds and issuance of notification under Section 4 of the Act, while granting increase @ 10% per annum the learned court below assessed the market value of the acquired land @ ` 6,00,000/- per acre.
The acquired land is merely 2.419 acres. The sale-deeds relied upon pertain to the same village. The area dealt with in two sale-deeds is 6 kanals 6 marlas each. These were registered prior to the issuance of notification under Section 4 of the Act. The genuineness of the aforesaid sale-deeds relied upon by the learned court below for the assessment of compensation has not been doubted. Therefore, the compensation assessed cannot be said to be on higher side.
The appeals are, accordingly, dismissed. Since there is no merit in the appeals even the application for condonation of delay in filing the appeals and other accompanying applications are also dismissed.
5.12.2011 (Rajesh Bindal) vs. Judge