Smt Bhuri and Ors. Vs State of Haryana and Ors.

The landowners are in appeal 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 enhancement of compensation for the acquired land.

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Briefly, the facts of the case are that State of Haryana vide notification dated 26.11.1979 issued under Section 4 of the Act, acquired land situated within the revenue estate of Village Sirohi Bahali, District Mahendergarh, for construction of Bundh over the Krishanwati Nadi known as Nangal KaliaKrishanwati Bundh. The Land Acquisition Collector assessed the compensation of different kinds of land at different rates. On reference under Section 18 of the Act, the learned court below dismissed the reference as no evidence was led by the appellants. It is this award which is impugned in the present appeal.

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A perusal of the impugned award shows that a number of opportunities were given to the appellants to lead evidence but they failed to lead the same and accordingly, there evidence was closed by the court below. Moreover, the State also failed to lead any evidence. As there was no material before the court below to opine that the market value of the acquired land as determined by the Collector was not fair it had rightly dismissed the reference.

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The appeal is accordingly dismissed.

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6.8.2010 (Rajesh Bindal) vs. Judge

Smt Bhuri and Ors. v. State of Haryana and Ors.

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Smt Bhuri and Ors. v. State of Haryana and Ors.

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