Dismissed

State of Haryana and Ors. v. Bachan Singh etc.

Punjab & Haryana HC16 Feb 2009RFA/797/2009

Case brief

AI extract

What is this about?

The State appealed against a reference court order fixing land acquisition compensation. The court held the assessment was correct based on prior precedent and dismissed the appeal and application for condonation of delay without merit.

What did the court decide?

Appeal against land acquisition compensation order dismissed; application for condonation of delay also dismissed.

State of Haryana and Ors. Vs Bachan Singh etc. — Land Acquisition | Punjab & Haryana HC (2009)

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In the High Court of Punjab & Haryana at Chandigarh

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Civil Misc. No. 1898/CI of 2009 and R. F. A No. 797 of 2009 (O&M)

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Date of decision : 16.2.2009

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State of Haryana and another ... Appellants vs Bachan Singh and others .... Respondents

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.

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Rajesh Bindal J.

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The State has approached this court through the present appeal for reduction in the compensation.

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Briefly, the facts are that vide notification dated 8.5.1995, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land in Village Unchagaon, District Faridabad, for public purpose namely for development and utilisation of land as institutional, residential and commercial for Sector-61, Faridabad. The learned Land Acquisition Collector (for short, “the Collector”), assessed the market value of the land at Rs. 4,00,000/per acre. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. The learned Additional District Judge, on reference under Section 18 of the Act, enhanced the compensation @ of Rs. 450/- per square yard, relying on judgment of this court in R. F. A. No. 2501 of 2001- Ved Pal and others vs State of Haryana and others , decided on 3.5.2006.

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Learned counsel for the applicants/appellants very fairly submits that the learned court below has assessed the compensation payable to the landowners on account of acquisition of land relying upon judgment of this court in Ved Pal's case (supra). As the compensation has been assessed by the learned Reference Court relying upon a judgment of this court, I do not find any merit in the present appeal, accordingly the same is dismissed.

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As the appeal itself is without any merit, I do not find any reason to condone the delay of 293 days in filing the appeal. Accordingly, the application for condonation of delay is also dismissed.

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( Rajesh Bindal) Judge

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16.2.2009 vs.

State of Haryana and Ors. v. Bachan Singh etc.

Case brief

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State of Haryana and Ors. v. Bachan Singh etc.

Case brief

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