State of Haryana appealed an award under Section 18 of the Land Acquisition Act, 1894, seeking reduction of compensation for acquired land, but the court held the assessed value was not on the higher side.
The appeals were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R. F. A No. 1172 of 2003 (1)
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 1.10.2010.
| 1. | RFA No. 1172 of 2003 (O&M) | ||
|---|---|---|---|
| State of Haryana Surjit Singh |
vs | ..... Appellant ... Respondent |
|
| 2. | RFA No. 1030 of 2004 (O&M) | ||
| The State of Haryana and another Sarup Saini and another |
vs | ..... Appellants ... Respondents |
|
| 3. | RFA No. 4118 of 2006 (O&M) | ||
| State of Haryana and another Smt. Shanti Gautam and another |
vs | ..... Appellants ... Respondents |
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The State of Haryana has filed the aforesaid appeals before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction of compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notification dated 4.4.1998 issued under Section 4 of the Act, acquired 8.22 acres of land situated in revenue estate of Village Basai, Tehsil and District Gurgaon, for construction of sector road and laying of master services etc. between Sectors 9 and 10 Gurgaon. The same was followed by notification dated 6.4.1998 issued under Section 6 of the Act. The Land Acquisition Collector vide award dated 15.7.1999, assessed the market value of the acquired land @ 8,40,000/- per acre for chahi; 7,80,000/- per acre for alabarani and magda; 7,20,000/- per acre for bhood; and 6,60,000/- per acre for gair mumkin rasta and banjar kinds of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below while relying upon
R. F. A No. 1172 of 2003
(2)
judgment of this court in RFA No. 2067 of 1995 Om Parkash vs Haryana State, decided on 13.5.1999 (Ex. P-5), determined the market value of the acquired land @ ` 312/- per square yard. It is this award which is impugned in the present set of appeals by the State of Haryana.
A perusal of the paper-book shows that the court below had determined the market value of the acquired land in the present case while relying upon judgment in Om Parkash's case (supra), vide which the market value of big chunk of land acquired in village Basai, on 8.3.1989 was determined. It is admitted by the learned counsel for the State that the land in the present case is of the same village which was acquired earlier and had even been developed by HUDA. The land in the present case was acquired vide notification dated 4.4.1998. Considering the time gap between two notifications, the court below granted increase @ 12% per annum for the time gap.
Keeping in view these facts, it cannot be said that the value assessed by the learned court below is on higher side.
Accordingly, the appeals are dismissed.
1.10.2010 vs.
(Rajesh Bindal) Judge
2 issues framed by the court
Whether the compensation awarded by the lower court for land acquisition is excessive.
Whether the 12% increase for time gap between notifications was appropriate.
3 provisions across 1 enactments
State of Haryana
Surjit Singh
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
