The High Court of Punjab & Haryana disposed of a reference petition filed by landowners seeking enhancement of compensation for land acquired under Section 4 of the Land Acquisition Act, 1894, relying on a precedent.
The compensation payable for the acquisition of the land was further enhanced in the same terms as in 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. 3944 of 1992 (O&M)
Ram Sarup and others
... Appellants
vs
The State of Haryana
.... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None 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.
Briefly, the facts are that vide notification dated 5.7.1982, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land, situated in Hadbast No. 1 at Karnal, for development of Sector-7, Karnal. The Land Acquisition Collector vide award dated 5.8.1985 assessed the market value of the acquired land @ 86,400/- per acre. 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 @ 41/- per square yard. It is this award which is impugned in the present appeal.
Learned State counsel fairly conceded that the issue involved in the present appeal is squarely covered by judgment of this court in Dr. Rajwant Singh (died) through LRs vs State of Haryana, reported as 2008 (2) RCR (Civil) 780, whereby the compensation payable for acquisition of land was further enhanced.
For the detailed reasons recorded in Dr. Rajwant Singh' s case (supra), the appeal is disposed of in the same terms.
Copy of this order be sent to the appellants as none appeared for them.
1.9.2010 vs.
(Rajesh Bindal) Judge
2 issues framed by the court
Whether the compensation for acquired land should be enhanced consistent with Dr. Rajwant Singh.
Whether a reference made under Section 18 of the Land Acquisition Act requires enhancement of compensation awarded.
Colour shows how this judgement treated each authority
Dr. Rajwant Singh (died) through LRs vs State of HaryanaRelied on¶14
2008 (2) RCR (Civil) 780
2 provisions across 1 enactments
Ram Sarup and others
The State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
