In an appeal against an award enhancing compensation under the Land Acquisition Act, 1894, the High Court, following the principle in Atam Parkash vs State of Haryana, disposed of the appeal in similar terms without detailed reasoning.
The appeal was disposed of in terms of the judgment in Atam Parkash vs State of Haryana (RFA No. 2436 of 1999).
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.
R. F. A No. 1446 of 2000
(1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1446 of 2000 (O&M)
Date of decision : 4.2.2011
Bimla Devi
..... Appellant
vs
State of Haryana and others
..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None for the appellant.
Mr. D. D. Gupta, Additional 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 enhancement of compensation for the acquired land.
Briefly the facts are that vide notification dated 19.5.1992 issued under Section 4 of the Act, the State of Haryana sought to acquire land situated within the revenue estate of Hisar, Hadbast No. 146, and villages Satrod Khurd and Satrod Khas, Hadbast No. 154-155, Tehsil and District Hisar, for development and utilization thereof as industrial area in Sectors 9 and 11, Hisar. The same was followed by notification issued under Section 6 of the Act on 18.5.1993. The Land Acquisition Collector (for short, 'the Collector'), vide his award dated 17.5.1995, assessed the market value of the acquired land @ 3,00,000/- 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 @ 235/- per square yard for the land falling in revenue estate Hisar, Hadbast No. 146 and ` 135/- per square yard for the land of villages Satrod Khurd and Satrod Khas, Hadbast No. 154-155. It is this award which is impugned in the present appeal by the landowner.
R. F. A No. 1446 of 2000
(2)
Learned counsel for the State very fairly submitted that the claim made in the present appeal is squarely covered by judgment of this court in RFA No. 2436 of 1999 Atam Parkash vs State of Haryana, decided on 14.10.1999.
For the reasons recorded in Atam Parkash 's case (supra), the present appeal is disposed of in the same terms.
4.2.2011 vs.
(Rajesh Bindal) Judge
2 issues framed by the court
Whether the landowner can enhance compensation awarded under Section 18 of the Land Acquisition Act, 1894.
Whether the present case is covered by the judgment in RFA No. 2436 of 1999 Atam Parkash vs State of Haryana.
Colour shows how this judgement treated each authority
Atam Parkash vs State of HaryanaRelied on¶19
RFA No. 2436 of 1999 Atam Parkash vs State of Haryana
3 provisions across 1 enactments
Bimla Devi
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
