Dismissed

State of Haryana v. Gurudawara Manji Sahib

Punjab & Haryana HC19 Aug 2010RFA/1459/1992

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AI extract

What is this about?

State of Haryana and landowners appealed an award of compensation for acquired land. The State sought reduction while landowners sought enhancement. The court dismissed the State's appeal and disposed of the landowner's appeal following a precedent that enhanced the market value.

What did the court decide?

The appeal by the State for reduction of compensation was dismissed and the appeal by the landowner was disposed of according to the precedent enhancing market value.

State of Haryana Vs Gurudawara Manji Sahib — Land Acquisition | Punjab & Haryana HC (2010)

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RFA No. 1459 of 1992

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In the High Court of Punjab & Haryana at Chandigarh

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Date of decision : 19.8.2010

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1. RFA No. 1459 of 1992 (O&M)

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	The State of Haryana vs Gurudwara Manji Sahib	..... Appellant .... Respondent
2.	RFA No. 1502 of 1992 (O&M)
	Gurudwara Manji Sahib	..... Appellant
	vs
	State of Haryana	.... Respondent

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. M. K. Chauhan, Advocate, for the landowner.

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Mr. Ashish Gupta, Assistant Advocate General, Haryana.

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Rajesh Bindal J.

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This order will dispose of the aforesaid appeals as the same arise out of one award.

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The landowner has filed appeal seeking enhancement of compensation for the acquired land whereas by filing appeal the State is seeking reduction of compensation.

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Briefly, the facts of the case are that the State of Haryana vide notification dated 27.8.1981 issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act'), acquired the land situated in revenue estate of Village Judian, Tehsil Kalka, District Ambala (now District Panchkula), for the residential and commercial purpose. The Land Acquisition Collector vide his award dated 14.8.1985 assessed the market value of land @ 65,600/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land at ` 1,50,000/- per acre. It is this award which is impugned in the appeals by both the parties.

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Learned counsel for the parties submitted that the issue involved in the present appeal is squarely covered by the judgment of this court in RFA No. 426 of 1994 Kashmiri Lal and others vs State of Haryana and another, decided on 22.2.2010, whereby the market value of the acquired land was enhanced to ` 250/per square yard.

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RFA No. 1459 of 1992

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In view of the above, the appeal filed by the State for reduction of compensation is dismissed and that of the landowner is disposed of in terms of aforesaid judgment.

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19.8.2010 vs.

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(Rajesh Bindal) Judge

State of Haryana v. Gurudawara Manji Sahib

Case brief

What is this about?

What did the court decide?

State of Haryana v. Gurudawara Manji Sahib

Case brief

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What did the court decide?

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