A Single Judge reviewed appeals against compensation awards for land acquired in Faridabad. Relying on the Supreme Court's Vinod Bansal decision, the court accepted the claim, set aside the impugned award, and remitted the matter for fresh consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R. F. A. No. 862 of 2000
1
In the High Court of Punjab & Haryana at Chandigarh
R. F. A. No. 862 of 2000 (O&M)
Date of decision : 14.11.2008
Poonam Bindra
.... Appellant
vs
The State of Haryana and another
..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Ram Bilas Gupta, Advocate, for the appellant.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowner is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking enhancement of compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notifications dated 7.9.1992 and 17.9.1993 issued under Section 4 of the Act, acquired the land situated in revenue estate of Village Mewla Maharajpur, Tehsil and District Faridabad, for public purpose namely for the development and utilisation of land as residential, commercial and institutional Sectors 44 and 47 at Faridabad. The Land Acquisition Collector vide his award dated 9.2.1995 assessed the market value of the land @ Rs. 1,96,800/- per acre. On reference under Section 18 of the Act, the learned court while relying upon judgment of this court in R. F. A. No. 1346 of 1998 Manjit Singh Boparai vs State of Haryana , Ex. R-1, vide award dated 3.2.2000, determined the market value of the acquired land at Rs. 90/- per square yard.
In some of the reference under Section 18 of the Act, the learned court below awarded compensation @ Rs. 325/- per square yard. Dissatisfied with the award of the learned court below, some of the landowners as well as the State filed appeals before this court. This court while disposing of the appeals reduced the compensation from Rs. 325/- per
R. F. A. No. 862 of 2000
2
square yard to Rs. 90/- per square yard. Thereafter, the claimants filed appeals before the Division Bench which were also dismissed. Aggrieved against the order of the Division Bench of this court, the claimants/landowners filed appeals before Hon'ble the Supreme Court. Hon'ble the Supreme Court vide order dated 27.10.2004 passed in Civil Appeal No. 9808 of 2003 Vinod Bansal vs State of Haryana and another, remitted back the cases arising out of same acquisition of land to the reference court.
Learned counsel for the State does not dispute the fact that the claim in the present appeal is squarely covered by the judgment of Hon'ble the Supreme Court in Vinod Bansal's case (supra).
Accordingly, for the reasons stated in Vinod Bansal' s case (supra), the present appeal is accepted. The impugned award of learned Additional District Judge, Faridabad, is set aside and the matter is remitted back to the Reference court for fresh consideration in the light of judgment of Hon'ble the Supreme Court in Vinod Bansal's case (supra). The parties through their counsel are directed to appear before the learned District Judge, Faridabad, on 6.12.2008. The learned District Judge may either keep the references with himself or may entrust the same to any other Additional District Judge.
14.11.2008 vs.
( Rajesh Bindal) Judge
2 issues framed by the court
Whether the award of compensation for land acquisition should be remitted in light of the Supreme Court's judgment in Vinod Bansal's case.
Whether the compensation rate determined by the reference court requires restructuring based on higher court directives.
Colour shows how this judgement treated each authority
Manjit Singh Boparai vs State of HaryanaDistinguished¶16
R. F. A. No. 1346 of 1998 Manjit Singh Boparai vs State of Haryana award dated 3.2.2000
Vinod Bansal vs State of Haryana and anotherApplied¶19
Vinod Bansal vs State of Haryana and another Civil Appeal No. 9808 of 2003
R. F. A. No. 862 of 2000 (O&M)Referred
2 provisions across 1 enactments
Poonam Bindra
The State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
