Allowed

(O&M) Suraj v. State of Haryana

Punjab & Haryana HC1 Jul 2009RFA/58/2007

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed cross-objections filed against the Reference Court's award on land acquisition compensation. The court equalized the compensation value to Rs.500 per square yard, aligning with its previous order in Ved Pal case regarding the same land notification.

What did the court decide?

Cross-objections allowed; market value enhanced to Rs.500/- per square yard.

(O&M) Suraj Vs State of Haryana — Land Acquisition | Punjab & Haryana HC (2009)

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X Objection No.24-CI of 2008 & RFA No.58 of 2007

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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X Objection No.24-CI of 2008 & RFA No.58 of 2007 Date of decision 28.10.2009

Suraj

.....Appellant

Versus

State of Haryana, through Collector & Others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA.

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be report in the Digest?

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Present: Mr.Adarsh Jain, Advocate for the appellant.

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Mr.Navneet Singh, Addl.A.G., Haryana.

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None for the cross-objector.

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HEMANT GUPTA J. (ORAL)

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The present appeal arises out of the Award passed by the Reference Court dated 31.07.2006, whereby compensation @ Rs.400/- per square yard was determined in respect of the acquired land. Savitri, one of the landowners and respondent No.4 has filed cross-objections claiming enhancement of compensation.

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The land measuring 184.27 acre was intended to be acquired vide notification dated 08.05.1995 under Section 4 of the Land Acquisition Act,1894 (for short the Act) for a public purpose i.e. for development and utilization of land as transport communications and commercial, residential and institutional for Sector 61, Faridabad. The Land Acquisition Collector announced his Award No.2 dated 30.04.1998.

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X Objection No.24-CI of 2008 & RFA No.58 of 2007

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Dissatisfied with the amount of the market value determined by the Land Acquisition Collector, the land owners sought references under Section 18 of the Act. The Reference Court vide its Award dated 31.07.2006, determined the market value @ Rs.400/- per square yard.

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The other appeals against the decision of the Reference Court came up for hearing before this Court such as Ved Pal and others V/s State of Haryana and others and other connected appeals in RFA No.2501 of 2001. The appeals preferred by the State were dismissed and the appeals filed by the landowners were allowed on 03.05.2006. This Court determined the market value @ Rs.500/- per square yard in respect of the acquired land for development of Sector 61, Faridabad.

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Since the said appeals were in respect of the acquisition of land by same notification and for the same purpose, wherein this Court has determined market value @ Rs.500/- per square yard, therefore, the appeal and cross-objections are allowed in the same terms as in Ved Pal's case (supra) with costs.

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28.10.2009 shamsher

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(HEMANT GUPTA) JUDGE

(O&M) Suraj v. State of Haryana

Case brief

What is this about?

What did the court decide?

(O&M) Suraj v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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