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Judgment
Rajesh Bindal, J.—This order shall dispose of a bunch of aforesaid appeals, as the same arise out of common acquisition. The State of Haryana has filed appeals against the award of the learned court below seeking reduction in the compensation awarded for the acquired land whereas by filing appeals and cross-objections, the landowners are seeking further enhancement.
The facts have been extracted from RFA. No. 2352 of 1994.
Briefly, the facts of the case are that the State of Haryana vide notification dated 23.2.1989 issued u/s 4 of the Land Acquisition Act, 1894 (for short, the Act) acquired the land situated in villages Patti Insar, Patti Magdum Jadgan, Tehsil and District Panipat, for public purpose namely-for the development and utilisation thereof as residential and commercial area in Sector13, Panipat. The Land Acquisition Collector assessed the market value of the acquired land @ Rs. 2,00,000/-per acre for chahi and Rs. 1,25,000/-per acre for gair mumkin kind of land. Dissatified with the award of the Collector, the landowners filed objections which were referred to the learned court below. On reference, the learned Court below awarded compensation @ of Rs. 81/-per square yard.
Learned Counsel for the parties submitted that the claim made in the present set of appeals is squarely covered by the judgment of this Court in Review Application No. 31/CI of 2007 in RFA No. 1379 of 1994 Nand Lal and Ors. v. State of Haryana and Anr., decided on 31.8.2007, whereby compensation payable to the landowners for the acquired land was further enhanced to Rs. 139/ per square yard.
A perusal of aforesaid judgment shows that issue dealt with therein was regarding determination of fair value of the land acquired vide notification dated 23.2.1989. Since this Court had further enhanced the compensation payable to the landowners, the claim made in appeals filed by the State seeking reduction in compensation does not survive. On the other hand the landowners are entitled to enhancement of compensation in terms of aforesaid judgment.
Accordingly, for the reasons recorded in Nand Lal''s case (supra), the appeals filed by the State of Haryana are dismissed, whereas the cross-objections and appeals filed by the landowners are disposed of in terms of aforesaid case.