The State of Haryana appealed against a land compensation award of Rs. 70 per square yard. The court dismissed the appeal, holding that since the award relied on this Court's prior judgments fixing that rate, no grounds existed for reduction.
The appeal filed by the State of Haryana was dismissed.
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In the High Court of Punjab & Haryana at Chandigarh
RFA No. 1157 of 1993 (O&M)
State of Haryana .. Appellant vs Surinder Pal Taneja .. Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal.
Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal, J.
The aforesaid appeal has been filed by the State seeking reduction in compensation granted on account of acquisition of land.
Briefly, the facts are that the land in question, situated in village Ferozepur Kalan, District Ambala was acquired vide notification dated 30.3.1982 issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act') for development and utilisation of land as commercial area. The Land Acquisition Collector assessed the compensation. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned Additional District Judge, who keeping in view the material placed on record by the parties, awarded 70/- per square yard for the acquired land. It is this award which is impugned in the present appeal.
The learned State counsel could not dispute the fact that the learned court below had determined the market value of the land on the basis of earlier award, whereby the market value for the acquired land vide same notification in the same area had been determined at 70/- per square yard. The same was in conformity with the judgment of this Court in RFA No. 2859 of 1992 – _<u>Faquiria vs The State of Haryana</u>_ <u>, decided on 19.1.1996 and followed subsequently in RFA</u> No. 1057 of 1993 _<u>State of Haryana vs Piara Singh</u>_ decided on 9.3.2009, whereby this Court had assessed the market value of the land acquired vide same notification @ 70/- per square yard.
Since the award of the learned court below is on the basis of judgment of this court, no case for reduction of compensation is made out. Accordingly, the appeal is dismissed.
11.8.2010 (Rajesh Bindal) vs. Judge
1 issue framed by the court
Whether the award of compensation at Rs. 70 per square yard is sustainable when based on this Court's own earlier judgments?
Colour shows how this judgement treated each authority
Faquiria vs The State of HaryanaFollowed¶9
RFA No. 2859 of 1992, Faquiria vs The State of Haryana, decided on 19.1.1996
State of Haryana vs Piara SinghFollowed¶9
RFA No. 1057 of 1993, State of Haryana vs Piara Singh, decided on 9.3.2009
1 provisions across 1 enactments
State of Haryana
Surinder Pal Taneja
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
