AI Structured Summary
Not yet generated for this judgment
Judgment
Rajesh Bindal J.—The landowner has filed the present appeal seeking enhancement of compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notification dated 21.3.1991 issued u/s 4 of the Land Acquisition Act, 1894 (for short ''the Act'') acquired land situated within the area of Hadbast No. 146, Tehsil and District Hisar, for development and utilization thereof as residential sector 16 and parts of Sectors 11, 13, 15 and 17 of Hisar. The Land Acquisition Collector assessed the market value of the acquired land @ Rs. 3,00,000/-per acre for category ''A'', Rs. 2,50,000/-per acre for category ''B'' (abutting railway lines and cremation ground), and Rs. 2,00,000/-per acre category ''C'' land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned Court below determined the market value of the acquired land @ Rs. 171/-per square yard. Still dissatisfied, the land owner is before this Court.
Learned Counsel for the Appellant submitted that the Appellant has challenged the acquisition of land by filing CWP No. 7605 of 1994 which is admitted and pending for consideration and in case the aforesaid writ petition is allowed, the claim in the present appeal may be rendered infructuous. However, this Court has already decided the other appeals arising out of the acquisition vide detailed judgment in LPA No. 953 of 2000 Partap Singh v. State of Haryana, dated 11.1.2006 and the compensation has been further enhanced. The submission was that the Appellant in the present case has not withdrawn any amount of R. F. A No. 2475 of 1999 (2) compensation as his challenge to the acquisition is pending. Without prejudice to his rights in the aforesaid writ petition filed challenging the acquisition, the appeal can be disposed of in terms of aforesaid judgment in Partap Singh''s case (supra).
Learned Counsel for the State does not dispute the aforesaid factual position.
After hearing learned Counsel for the parties, the present appeal is disposed of in terms of judgment of this Court in Partap Singh''s case (supra), however, without prejudice to the rights of the parties which may flow from the decision in writ petition filed by the Appellant.