State of Haryana and Others vs Smt. Harnami and Others etc. etc.

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

The landowners are in appeal and cross-objections 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 vide notification dated 26.6.1989, issued u/s 4 of the Land Acquisition Act, 1894 (for short, ''the Act''), the State of Haryana acquired land in the revenue estate of Villages Bana Madanpur, Ramgarh, Nagal Moginand and Jhuriwala, Tehsil and District Panchkula (the then District Ambala), for the development and utilisation thereof as residential, commercial and Industrial area in Urban Estate Panchkula. The Land Acquisition Collector assessed the market value of the different kinds of land at different rates. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference u/s 18 of the Act, the learned court below, determined the market value of the acquired land at Rs. 3,50,000/- per acre. It is this award which is impugned in the present set of appeals and cross-objections.

Learned Counsel for the parties are agreed that the issues involved in the present set of appeals and cross-objections are squarely covered by the judgment of this Court in RFA No. 1281 of 1999 Gurdev Singh and Ors. v. State of Haryana decided on 27.10.2006, whereby the matters arise out of the same acquisition were remitted back for fresh consideration.

For the reasons recorded in Gurdev Singh''s case (supra), the appeals and cross-objections are disposed of in the same terms. The parties through their counsels are directed to appear before the learned District Judge, Panchkula, on 5.6.2010. The learned District Judge may either keep the references with himself or may entrust the same to any other Additional District Judge who is dealing with the cases referred back by this Court earlier in case those are pending.