The High Court dismissed an appeal filed by a landowner seeking enhanced compensation for acquired land in Ambala District. The court held that the lower court's award aligned with the established market value in this court's prior judgments, precluding any enhancement.
The appeal seeking further enhancement of compensation is 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.
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 1385 of 1992 (O&M)
Brij Bhushan
.. Appellant
vs
The State of Haryana
.. Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal.
Present: Mr. Sachin Kadyan, Advocate for Mr. M. L. Sharma, Advocate, for the appellant.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal, J.
The aforesaid appeal has been filed by the landowner seeking further enhancement of compensation for the acquired 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. It was followed by notification under Section 6 of the Act on 26.10.1982. The Land Acquisition Collector gave award of 20/- per square yard. Aggrieved against the same, 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.
Learned counsel for the appellant 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>,</u> decided on 19.1.1996 and followed subsequently in RFA 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 in conformity with the judgment of this court, no case for enhancement of compensation is made out. Accordingly, the appeal is dismissed.
16.8.2010 (Rajesh Bindal) vs. Judge
3 issues framed by the court
Whether enhancement of compensation for acquired land is maintainable when the award conforms to the court's prior market value determination.
Whether the appellate court can enhance compensation absent a dispute on the established market value.
Whether the impugned award of the Additional District Judge is sustainable in light of the earlier judgment of this court.
Colour shows how this judgement treated each authority
Faquiria vs The State of HaryanaApplied¶14
RFA No. 2859 of 1992 – Faquiria vs The State of Haryana
State of Haryana vs Piara SinghApplied¶14
RFA No. 1057 of 1993 State of Haryana vs Piara Singh
2 provisions across 1 enactments
Brij Bhushan
The State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
