The State of Haryana appealed against a lower court's award of market value for acquired land, arguing it was excessive compared to an earlier award.
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In the High Court of Punjab & Haryana at Chandigarh
RFA No. 2058 of 1993 (O&M)
State of Haryana and others ..... Appellants vs Moti Lal and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The State of Haryana has filed the present 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 reduction of compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notification dated 6.5.1988 issued under Section 4 of the Act, acquired the land situated in revenue estate of Village Mawai, Hadbast No. 126, Tehsil Ballabgarh, District Faridabad, for construction of road between Sectors 28 and 31, Faridabad. The Land Acquisition Collector assessed the market value of land @ 2 lacs per acre. On reference under Section 18 of the Act, the learned court below on the basis of earlier award, Ex. P-4, determined the market value @ 100/- per square yard. It is this award which is impugned in the present appeal.
The learned court below determined the market value of the acquired land in the present case on the basis of earlier award, Ex. P-4, vide which the value of the land of village Mewla Maharajpur, Hadbast No. 4, Tehsil Ballabgarh, District Faridabad, acquired vide notification dated 30.7.1987, for construction of link road from Delhi Mathura Road to Sector 46 was assessed @ ` 300/- per square yard. It has also come in the evidence of the court below that boundaries of villages Mewai and Mewla Maharajpur adjoins each other. The land in the present case was acquired vide notification dated 6.5.1988 and the value of the land determined vide award, Ex. P-4, was acquired on 30.7.1987. Keeping in view these facts, it cannot be said that the value assessed by the learned court below is on higher side.
Accordingly, the present appeal is dismissed.
(Rajesh Bindal) Judge
9.8.2010 vs.
1 issue framed by the court
Whether the market value awarded by the lower court for the acquired land is correct.
2 provisions across 1 enactments
State of Haryana and others
Moti Lal and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
