High CourtsSingle Bench(2011) 03 P&H CK 0589

Ashok Kumar vs State of Hayana

Punjab And Haryana At Chandigarh · Decided on 4 March 2011

HON’BLE JUDGES
Rajesh Bindal, J
CASE NUMBER
Regular First Appeal No. 1434 of 2003 (O and M)

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Judgment

5 paragraphs · 255 words

Rajesh Bindal, J.—The landowner has filed the present appeal seeking enhancement of compensation for the acquired land.

2.

Briefly the facts are that vide notification dated 10.5.1989 issued u/s 4 of the Land Acquisition Act, 1894 (for short, ''the Act'') the State of Haryana sought to acquire land in the revenue estate of village Taraf Insar, District Panipat for development and utilisation thereof as Sectors 6, 7 and 8 Panipat. It was followed by notification u/s 6 of the Act dated 9.5.1990. The Land Acquisition Collector (for short, ''the Collector'') assessed the compensation for the acquired land @ Rs. 2,00,000/-per acre for chahi, Rs. 1,50,000/-per acre for barani and Rs. 1,25,000/-per acre for banjar kadeem kind of land. 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. 81/-per square yard. Aggrieved against the award of learned Court below, the landowner is before this Court.

3.

Learned Counsel for the Appellant submitted that the issue raised in the present appeal is squarely covered by judgment of this Court inKasturi Lal and Ors. v. The State of Haryana and ors. RFA No. 2213 of 1995decided on 27.5.2009, whereby the compensation payable for the acquired land was further enhanced to Rs. 139/-per square yard.

4.

Learned State counsel did not dispute the aforesaid factual position.

5.

Accordingly, for the reasons recorded in Kasturi Lal''s case (supra), the appeal is disposed of in the same terms.