Punjab-Haryana High Court
State Of Haryana And Another vs Ujagar Singh And Another on 10 December, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 798 of 2000 (O&M)
State of Haryana and another ... Appellants
vs
Ujagar Singh and another .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Lokesh Sinhal, Additional Advocate General, Haryana. Rajesh Bindal J.
The State has approached this court for reduction in the compensation for the acquired land.
Briefly, the facts are that vide notification dated 21.3.1991, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land situated within the revenue estate of Hisar, for the development and utilisation thereof as residential in Sectors 11, 13, 15 and 17 of Hisar. The Land Acquisition Collector (for short, "the Collector") assessed the market value of the acquired land in the following terms:-
Category of land Rate awarded per acre Equivalent price per square yard Category -A land Rs. 3,00,000/- Rs. 61.98 paise Category -B land (abutting Rs. 2,50,000/- Rs. 51.65 paise railway lines & cremation ground) Category -C land Rs. 2,00,000/- Rs. 41.32 paise Dissatisfied with the award of the Land Acquisition Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 17.12.1999, determined the market value of the acquired land at Rs. 200/- per square yard.
Learned Additional Advocate General very fairly submitted that the issue involved in the present appeal is squarely covered by Division Bench judgment of this court in L. P. A. No. 953 of 2000 - Partap Singh vs The State of Haryana, decided on 11.1.2006, vide which the compensation payable for the acquired land was enhanced to Rs. 235/- per square yard.
As the compensation payable to the landowners was further increased by this court, the claim made in the present appeal for reduction does not survive. Accordingly, for the reasons recorded in Partap Singh's case (supra), the appeal is dismissed.
10.12.2008 ( Rajesh Bindal) vs. Judge