Partly allowed

(O&M) Kurukshetra Development Board v. State of Haryana

Punjab & Haryana HC24 May 2011RFA/148/1995

Case brief

AI extract

What is this about?

This order disposed of multiple reference filing appeals regarding land acquisition in Kurukshetra. Following the precedent of Budh Singh, the court enhanced compensation for landowners but dismissed the State and Board appeals for default and lack of prosecution. Appeals by landowners were disposed of accordingly.

What did the court decide?

Compensation for landowners enhanced as per Budh Singh; appeals of State and Board dismissed for non-prosecution; landowners' appeals disposed of accordingly.

(O&M) Kurukshetra Development Board Vs State of… — Land Acquisition | Punjab & Haryana HC (2011)

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R.F.A. No. 148 of 1995

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(1)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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R.F.A. No. 148 of 1995 (O&M)

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Date of decision : 24.5.2011

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Kurukshetra Development Board

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.... Appellant

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The State of Haryana and another

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.... Respondents

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Coram : Hon'ble Mr. Justice Rajesh Bindal

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Present:None for the Kurukshetra Development Board.

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Mr Anjum Ahmed, Additional Advocate General, Haryana.

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Mr. Om Pal Singh Tanwar, Advocate, for the landowners in RFA Nos. 458 and 459 of 1995.

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RAJESH BINDAL, J

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This order shall dispose of RFA Nos. 148 to 150, 153, 156, 160, 176, 187, 243, 244, 275, 458, 459, 863, 913 of 1995, 1974, 3291, 4707 of 1998, as the same arise out of common acquisition.

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The Kurukshetra Development Board and State of Haryana have filed the appeals seeking reduction of compensation awarded to the landowners for the acquired land whereas by filing appeals, the landowners are seeking enhancement thereof.

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Briefly the facts of the case are that the State of Haryana vide notification dated 24.1.1989, which was published on 14.2.1989, under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), sought to acquire land situated within the revenue estate of village Darra Kalan (Thanesar) District Kurukshetra, for landscaping, roads, footpaths and various other development activities of the Kurukshetra Development Board. Notification under Section 6 of the Act was issued on 13.2.1990. The Land Acquisition Collector (for short 'the Collector') assessed the market value of the acquired land @ ` 1,34,000/- per acre for chahi/nehri;

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R.F.A. No. 148 of 1995

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(2)

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1,00,500/- per acre for barani; 67,000/- per acre for banjar kadim; and 33,500/- per acre for gair mumkin kind of land. The land owners being dissatisfied with the award of the Collector filed objections which were referred to the learned Court below. On reference under Section 18 of the Act, the learned Court below assessed the compensation of the acquired land @ 2,88,000/- per acre i.e. ` 59.50 per square yard. Aggrieved against the award of the learned court below, the State of Haryana, Kurkshetra Development Board, and the landowners are in appeal before this court.

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Learned counsel for the landowners submitted that the issue raised in the present set of appeals are squarely covered by judgment of this court in RFA No. 134 of 1995 -Budh Singh (died) through LRs vs State of Haryana decided on 21.7.2009, whereby the compensation payable to the landowners for the land acquired vide same notification was further enhanced to ` 115/- per square yard.

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Learned State counsel did not dispute the aforesaid factual

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position.

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Since this court in Budh Singh 's case (supra) had further enhanced the compensation payable to the landowners, the claim of the Kurukshetra Development Board does not survive. However, as no one has appeared for the Kurukshetra Development Board, the appeals are dismissed for non-prosecution.

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For the reasons recorded in Budh Singh 's case (supra), the appeals filed by the landowners are disposed of in the same terms and that of the State are dismissed.

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(Rajesh Bindal) Judge

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24.5.2011 vs.

(O&M) Kurukshetra Development Board v. State of Haryana

Case brief

What is this about?

What did the court decide?

(O&M) Kurukshetra Development Board v. State of Haryana

Case brief

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What did the court decide?

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