The High Court dismissed the appellants' appeal against the award of the Reference Court, holding that compensation for land acquired for a bus-stand is applicable as Rs. 17.60 paise per square yard based on a precedent.
Compensation enhanced to Rs. 17.60 paise per square yard; appellants entitled to statutory benefits.
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In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 472 of 1991 (O&M)
Date of decision : 13.2.2009
Sri Bhagwan and others
... Appellants
vs
State of Haryana
.... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. C. B. Goel, Advocate, for the appellants.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This appeal has been filed by the landowners for further enhancement of compensation
Briefly, the facts are that vide notification dated 15.9.1980, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land in the revenue estate of Sohna, Tehsil and District Gurgaon, for public purpose namely for construction of Bus-stand at Sohna. The Land Acquisition Collector vide his award dated 3.5.1983 assessed the value of the acquired land at Rs. 35,000/- per acre. Dissatisfied with the award of the Land Acquisition Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 25.10.1990, assessed the market value of the acquired land at Rs. 17/- per square yard.
Learned counsel for the appellants submitted that the claim of the present appellants is squarely covered by the judgment in RFA No. 426 of 1991 Sham Lal and another vs Haryana State , decided on 19.11.2008, whereby this court has upheld the award of the Reference Court granting compensation @ Rs. 17.60 paise per square yard.
Learned Assistant Advocate General, Haryana, does not dispute this factual position.
For the reasons stated in Sham Lal's case (supra), the amount of compensation payable to the landowners in the present case is enhanced to Rs. 17.60 paise per square yard. The appellants shall also entitled to all the statutory benefits available under the Act.
The appeal stands disposed of.
13.2.2009 ( Rajesh Bindal) vs. Judge
1 issue framed by the court
Whether the compensation awarded by the Reference Court of Rs. 17 per square yard should be enhanced.
Colour shows how this judgement treated each authority
Sham Lal and another vs Haryana StateFollowed¶15
RFA No. 426 of 1991 Sham Lal and another vs Haryana State, decided on 19.11.2008
2 provisions across 1 enactments
R. F. A No. 472 of 1991 (O&M)
Sri Bhagwan and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
