In a reference under the Land Acquisition Act, 1894, the High Court allowed an appeal by a landowner seeking enhanced compensation for acquired land. Relying on a prior judgment, the court disposed of the appeal enhancing compensation.
The appeal was disposed of in the same terms as the earlier judgment enhancing compensation.
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. 2401 of 1994 (O&M)
M/s Raman Stone Crusher The State of Haryana
vs
.... Appellant
..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Himanshu Aggarwal, Advocate, for the appellant.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
Through the present appeal the landowner has approached this court for enhancement of compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notification dated 31.8.1987 issued under Section 4 the Land Acquisition Act, 1894, acquired land alongwith superstructure existing thereon, situated in Village Devi Nagar, District Ambala (now District Panchkula), for public purpose namely for the development and utilisation thereof as recreational and commercial area for Sector-3, Urban Estate, Panchkula. The Land Acquisition Collector (for short, “the Collector”) awarded 66,649/- as compensation for the labour quarters and 15,000/- on account of shifting charges. Dissatisfied with the award of the Collector, the claimant filed reference before the learned court below. The learned Additional District Judge, while considering the material on record, awarded 84,921/- as compensation for the existing building structure, 15,000/- on account of loss of business, and ` 10,000/- more on account of shifting charges. It is this award, which is impugned in the present appeal.
Learned counsel for the parties very fairly conceded that the issue involved in the present appeal is squarely covered by the judgment of this court in RFA No. 1702 of 1994 M/s Gulati Stone Crusher, Devi Nagar vs The State of Haryana, decided on 25.2.2010, whereby the compensation payable to the landowners has been further enhanced.
Accordingly, for the reasons recorded in the aforesaid case, the present appeal is disposed of in the same terms.
6.9.2010 vs.
(Rajesh Bindal) Judge
1 issue framed by the court
Whether compensation for acquired land and superstructure needs enhancement in light of earlier judgment.
Colour shows how this judgement treated each authority
M/s Gulati Stone Crusher, Devi Nagar vs The State of HaryanaFollowed¶13
RFA No. 1702 of 1994 M/s Gulati Stone Crusher, Devi Nagar vs The State of Haryana
1 provisions across 1 enactments
M/s Raman Stone Crusher
The State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
