High CourtsSingle Bench(2010) 04 P&H CK 0179

Prem Lata and Others vs State of Haryana and Others State of Haryana Vs Jatin Guglani and Another Birpal Singh Vs Land Acquisition Collector and Another

Punjab And Haryana At Chandigarh · Decided on 9 April 2010

HON’BLE JUDGES
Rajesh Bindal, J

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Judgment

16 paragraphs · 343 words

Rajesh Bindal, J.—This order will dispose of the bunch of appeals filed by the State and the landowners impugning the judgment of the

learned Court below assessing the compensation on account of acquisition of land.

2.

Brief facts are that the State of Haryana acquired 482.17 acres of land pertaining to villages Saketri, Hadbast No. 376, and Bhainsa Tibba,

Hadbast No. 377 Tehsil and District Panchkula, vide notification dated 16.3.1999 issued u/s 4 of the Land Acquisition Act, 1894 (for short ''the

Act''). The aforesaid notification was followed by notification dated 15.3.2000 issued u/s 6 of the Act. The land in question was acquired for

public purposes namely for development and utilization of land as residential, commercial, institutional, recreational in Sector 1, 2, 3, 5B, 5C and 6

for Panchkula extension Mansa Devi Complex in Urban Estate, Panchkula. The Land Acquisition Collector (for short ''the Collector'') assessed

the compensation of the acquired land at different rates. The land owners being not satisfied with the award filed objections which were referred to

the learned Court below. Considering the material brought on record by the parties, learned Court below vide order dated 4.2.2008 assessed the

compensation of the acquired land at the flat rate of Rs. 418/- per square yard.

3.

The learned Counsel for both the parties are agreed that the issues raised in the present set of appeals are squarely covered by the judgment of

this Court in R.F.A. No. 3008 of 2008 Smt. Poonam v. State of Haryana and Anr., decided on 25.2.2009 wherein while setting aside the

impugned order the matter has been remanded back for fresh consideration.

4.

For the reasons stated in Smt. Poonam case (supra) the present appeals are disposed of in the same terms. The parties are directed to appear

before learned District Judge, Panchkula, on May 15, 2010 for further proceedings. Learned District Judge is directed to entrust the cases in

question to the same Court to which the earlier remanded matter have been entrusted, so as to avoid any delay in disposal of the cases.