Single judge order upholding a previous enhancement of land acquisition compensation based on the Dr. Rajwant Singh judgment. The court disposed of the appeal regarding fair value determination in the same terms as the cited precedent.
Appeal disposed of in the same terms as the cited judgment Dr. Rajwant Singh.
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. 175 of 1994 (O&M)
Sant Singh and others ... Appellants vs State of Haryana and another .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. G. S. Dhaliwal, Advocate for Mr. M. L. Sharma, Advocate, for the appellants.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowners have filed the present appeal seeking enhancement of compensation for the acquired land, the trees and superstructures existing thereon.
Briefly, the facts are that vide notification dated 13.3.1981, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land, situated in Karnal, for development and utilisation thereof as residential and commercial area for Urban Estate Karnal. The Land Acquisition Collector vide his award dated 23.9.1986 assessed the market value of the acquired land @ 80,000/- per acre for chahi and 50,000/- per acre for gair mumkin kind of land. The value of the non-fruit bearing trees was assessed at 1,493.88 paise and 12,311.15 paise for fruit bearing tress. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land @ 33/- per square yard and 27,200/- for the fruit/non-fruit bearing trees. It is this award which is impugned in the present appeal.
Learned counsel for the appellants submitted that the issue sought to be raised in the present appeal regarding valuation of land is squarely covered by the judgment of this court reported as Dr. Rajwant Singh (died) through LRs vs State of Haryana, 2008 (2) RCR (Civil) 780, whereby the compensation payable for acquisition of land was further enhanced.
No other point was raised.
Learned counsel for the State very fairly conceded that the issue involved in the present appeal is squarely covered by the aforesaid judgment.
For the detailed reasons recorded in Dr. Rajwant Singh' s case (supra), the appeal regarding determination of fair value of the acquired land is disposed of in the same terms.
(Rajesh Bindal) Judge
27.8.2010 vs.
1 issue framed by the court
Whether the compensation for the acquired land, trees and superstructures should be enhanced?
Colour shows how this judgement treated each authority
Dr. Rajwant Singh (died) through LRs vs State of HaryanaFollowed¶10
Dr. Rajwant Singh (died) through LRs vs State of Haryana, 2008 (2) RCR (Civil) 780
Sant Singh and others
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
