Search Results Page
Search Results
1 - 2 of 2 (0.27 seconds)State Of Haryana And Ors Etc Etc vs Chetin Kaur And Anr. Etc. Etc. on 26 October, 2017
The Reference Court had consolidated Chetin Kaur & Ors.,
LAC No. 88 of 2008 as the main case in which the claim of the landowners
was to the tune of Rs.10 lakhs per acre. In LAC No. 89, Dalip Kaur had
claimed market value of Rs. 1 crore per acre as the acquired land lies within
Municipal limits of Mandi Dabwali. It is also contended that it is located at
the juncture of four villages i.e. village Killianwali, Birang Khera, Shergarh
and Mandi Dabwali, so it is highly potential area. It is pertinent to notice
that initially the Coordinate Bench vide order dated 21.04.2016 in RFA No.
4773 of 2008 and other connected cases had enhanced the compensation to
Rs.1758/- mainly on the strength of an earlier award dated 23.10.2007,
Exhibit P/46, which was pertaining to the notification dated 23.07.1997,
wherein compensation had been awarded at Rs.820 per sq. yards for the
land upto the depth of 150 ft. and @Rs.350 per sq. yards for the land
beyond 150 ft.. This Court had granted 15% increase on the 58 months to
fix market value at Rs.85,08,720/-. The said decision had gone up in
appeal and the Apex Court has remanded the matter in Civil Appeal Nos.
1779-80 of 2017, State of Haryana Vs. Chetin Kaur & Anr. decided on
26.10.2017. The reasoning of the Apex Court mainly was that reliance
2 of 6
::: Downloaded on - 06-05-2018 21:24:57 :::
RFA No. 5158 of 2008 -3-
upon the earlier awards should not be a sole consideration and cumulative
increase should not be granted on that basis and said principle is only
applicable to only four or five years. Resultantly, the matters are to re-
looked into.
1