The appellant State of Haryana filed an appeal seeking reduction of compensation for acquired land. This court dismissed the appeal, noting that compensation was previously enhanced in a leading case by this court, negating any case for reduction.
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In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 220 of 1994 (O&M)
The State of Haryana
... Appellant
vs
Tarlok Singh
.... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Ms. Ritu Bahri, Deputy Advocate General, Haryana. Mr. S. K. S. Bedi, Advocate, for the respondent.
Rajesh Bindal J.
The State has filed the present appeal seeking reduction of compensation for the acquisition of land.
Briefly, the facts are that vide notification dated 4.3.1983, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryan acquired land situated in Villages Patti Mehar, Tehsil and District Ambala, for development and utilisation thereof as residential and commercial area in Sector-8 at Ambala. The Land Acquisition Collector assessed the market value at Rs. 40,000/- per acre for chahi, Rs. 32,000/- per acre for barani and Rs. 16,000/- per acre for gair mumkin kind of land. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land at Rs. 100/- per square yard.
Learned Deputy Advocate General very fairly conceded that the issue involved in the present appeal is squarely covered by judgment of this court in RFA No. 755 of 1992 Satish Kumar vs The State of Haryana, decided on 8.4.1994, whereby the compensation payable for acquisition of land was enhanced to Rs. 112/- per square yard.
Since this court has already further enhanced the compensation payable to the landowner, no case for reduction therein is made out. Accordingly, for the detailed reasons recorded in Satish Kumar's case (supra), the appeal is dismissed.
23.4.2009 vs.
( Rajesh Bindal) Judge
2 issues framed by the court
Whether the compensation awarded for the acquisition of land should be reduced given previous enhancements in this court.
Whether a case for reduction of compensation is made out when compensation was already enhanced by this court.
Colour shows how this judgement treated each authority
Satish Kumar vs The State of HaryanaApplied¶13
RFA No. 755 of 1992 Satish Kumar vs The State of Haryana
2 provisions across 1 enactments
State of Haryana
Tarlok Singh
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
