High CourtsSingle Bench(2010) 04 P&H CK 0072

Smt. Sunanda Kapur and Others vs State of Haryana and Others The State of Haryana and Another Vs Smt. Omwati and Komi Ram and Others

Punjab And Haryana At Chandigarh · Decided on 20 April 2010

HON’BLE JUDGES
Rajesh Bindal, J
RESULT
Dismissed

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Judgment

6 paragraphs · 302 words

Rajesh Bindal, J.—This order shall dispose of the aforesaid appeals, as the same arise out of common acquisition.

2.

The landowners are in appeal before this Court against the award of the learned court below under the Land Acquisition Act, 1984 (for short, "the Act") seeking further enhancement of compensation for the acquired land whereas the State of Haryana is seeking reduction in compensation.

Briefly, the facts are that the State of Haryana vide notification dated 20.4.1987 issued u/s 4 of the Act, acquired land situated within the revenue estates of Village Badkhal, Tehsil Ballabgarh, District Faridabad, for development and utilisation thereof as institutional, Sector-48, Faridabad. The notification u/s 6 of the Act was issued on 19.2.1988. The Land Acquisition Collector assessed the market value of the land @ Rs. 3,50,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference u/s 18 of the Act, the learned court below, determined the market value of the acquired land @ Rs. 90/- per square yard. It is this award which is impugned in the present set of appeals by both the parties.

3.

Learned Counsel for the parties fairly submitted that the issue raised in the present set of appeals is squarely covered by the judgment of this Court in RFA No. 1015 of 1992 Chet Ram and Ors. v. State of Haryana, decided on 16.3.2010, whereby the amount of compensation for the acquired land was further enhanced to Rs. 200/- per square yard.

4.

Since this Court had further enhanced the compensation, the appeals filed by the State seeking reduction in compensation do not survive.

5.

Accordingly, for the detailed reasons recorded in aforesaid judgment, the appeals filed by the State of Haryana are dismissed and that of the landowners are disposed of in the same terms.