The land owner appealed against an award seeking further enhancement of compensation for land acquired under Section 4 of the Land Acquisition Act, 1894. The court dismissed the appeal as it found no reason to interfere given the absence of relevant evidence on record.
The appeal was dismissed.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision: April 21 , 2009
R.F.A. No. 15 of 1988
Brij Mohan Bhagat Vs.
.. Appellant
The State of Haryana and another
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. J. L. Malhotra, Advocate for the appellant.
Mr. Navneet Singh, Assistant Advocate General, Haryana for the State.
Rajesh Bindal J.
The land owner is in appeal against the award of the learned court below seeking further enhancement of compensation for the acquired land.
Briefly, the facts are that the land in question, situated in village Silokhara was acquired by the State Government vide notification dated 5.9.1977, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'). Aggrieved against the award of the Land Acquisition Collector, the land owner filed objections which were referred to the learned District Judge, Gurgaon, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land at Rs. 22/- per square yard.
A perusal of the impugned award shows that while determining the compensation payable to the land owner in the present appeal, the learned court below has relied upon an earlier award (Ex. P3) dated 4.3.1985 pertaining to the same acquisition. Learned counsel for the parties have not been able to point out as to whether any further appeal was filed by the land owners in award Ex. P3. In the absence of that information and there being no other relevant evidence on record in the present appeal, I do not find any reason to interfere with the impugned award.
Accordingly, the appeal is dismissed.
(Rajesh Bindal) Judge
21.4.2009 mk
1 issue framed by the court
Whether the High Court should interfere with the award of the learned court below seeking further enhancement of compensation for acquired land.
1 provisions across 1 enactments
Brij Mohan Bhagat
The State of Haryana
another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
