Dismissed

Shree Dutt and Ors. v. State of Haryana

Punjab & Haryana HC20 Aug 2010RFA/2483/1992

Case brief

AI extract

What is this about?

The High Court dismissed an appeal seeking enhancement of land acquisition compensation. The Court held that the appellants failed to prove the connection between the sold land and the acquired land due to the absence of a site plan, rendering the evidence inadmissible.

What did the court decide?

The appeal was dismissed, uphold ing the award of the Civil Court and the compensation awarded by the Collector.

Shree Dutt and Ors. Vs State of Haryana — Land Acquisition | Punjab & Haryana HC (2010)

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RFA No. 2483 of 1992

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(1)

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In the High Court of Punjab & Haryana at Chandigarh

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RFA No. 2483 of 1992 (O&M)

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Date of decision : 20.8.2010

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Shree Dutt (deceased) through LRs and others vs State of Haryana

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..... Appellants

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..... Respondent

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. Amrit Paul, Advocate, for the appellants.

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Mr. Ashish Gupta, Assistant Advocate General, Haryana.

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Rajesh Bindal J.

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The landowners have filed the present appeal seeking further enhancement of compensation for the acquired land.

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Briefly, the facts are that vide notification dated 9.7.1987 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land measuring 22 kanals 8 marlas situated in village Narsinghwas, Tehsil Charkhi Dadri, District Bhiwani, for extension of Atela Kalan Distributory. The Land Acquisition Collector vide his award no. 10 dated 28.10.1987 determined the market value @ 27,965/- per acre for nehri, and 20,973.75 per acre for barani kind of land. Dissatisfied with the award of the Collector, the landowners filed objections under Section 18 of the Act. The learned court below vide his award dated 21.4.1992, dismissed the reference and upheld the award of the Collector. It is this award which is impugned in the present appeal.

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Learned counsel for the appellants submitted that the court below has not considered the evidence led by the appellants in the form of sale-deed, Ex. P-1 whereby land measuring 4 kanals 15 marlas was sold on 28.4.1987 for a consideration of 20,000/- i.e. 33,700/- per acre. It was submitted that evidence led by the appellants be considered, the award of the court below be set aside and the compensation payable for the acquired land be enhanced further.

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On the other hand, learned counsel for the State submitted that the Collector has awarded sufficient compensation for the acquired land and since there is no evidence was produced by the appellants, the learned court below has rightly upheld the award. Prayer was for dismissal of appeal.

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RFA No. 2483 of 1992

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(2)

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Heard learned counsel for the parties and perused the relevant referred record.

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In support of their claim, the only evidence produced by the appellants is sale-deed dated 28.4.1987, Ex. P-1, vide which 4 kanals 15 marlas of land was sold for a consideration of 20,000/- i.e. 33,700/- per acre. It is admitted case of the parties that no site plan was produced on record to show the location of the acquired land viz-a-viz the sale-deed, Ex. P-1, which could enable the court to appreciate the evidence led by the appellants. In the absence of such a material evidence, the court below has rightly discarded the sale-deed, Ex. P-1, while dismissing the reference. Besides this there being no evidence on record, no fault can be found with the award of the Collector.

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In view of the above, no case for interference is made out. Accordingly, the appeal is dismissed.

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20.8.2010 vs.

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(Rajesh Bindal) Judge

Shree Dutt and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Shree Dutt and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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