The High Court disposed of an appeal by a landowner against a compensation award under the Land Acquisition Act, 1994, by following a previous judgment that enhanced compensation rates.
The appeal was disposed of in the same terms as the judgment in Devi 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. 179 of 1990 (O&M)
Smt. Surinder Luthra The State of Haryana
vs
..... Appellant ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Lokesh Sinhal, Advocate for Mr. J. L. Malhotra, Advocate, for the appellant. Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowner is 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 further enhancement of compensation for the acquired land.
Briefly, the facts of the case are that State of Haryana vide notification dated 14.9.1983 issued under Section 4 of the Act, acquired the land of the appellant situated in village Khandsa, Hadbast No. 104, Tehsil and District Gurgaon, for development and utilisation thereof as residential area for Sector 10A, Gurgaon. The Land Acquisition Collector assessed the market value of the acquired land at 45,000/- 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 @ 19.20 paise per square yard. It is this award which is impugned in the present appeal.
Learned counsel for the appellant submitted that the claim of the appellant in the present appeal is squarely covered by judgment of this court in RFA No. 795 of 1990- Devi Singh (deceased) through Lrs Bishamber and others vs The Land Acquisition Collector and another, decided on 22.9.2008 whereby the compensation for the acquisition in question was further enhanced to ` 33/- per square yard.
Learned State counsel did not dispute this factual position.
Accordingly, for the reasons stated in the aforesaid judgment, the present appeal is disposed of in the same terms.
10.8.2010 (Rajesh Bindal) vs. Judge
1 issue framed by the court
Whether compensation for the acquisition can be further enhanced in light of the judgment in Devi Singh.
Colour shows how this judgement treated each authority
Devi Singh (deceased) through Lrs Bishamber and others vs The Land Acquisition Collector and anotherFollowed¶11
RFA No. 795 of 1990, Devi Singh (deceased) through Lrs Bishamber and others vs The Land Acquisition Collector and another, decided on 22.9.2008
1 provisions across 1 enactments
Smt. Surinder Luthra
The State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
