Dismissed

State of Haryana v. Harbhajan Singh and Ors.

Punjab & Haryana HC26 May 2011RFA/2471/2011

Case brief

AI extract

What is this about?

The Single Judge of the Punjab and Haryana High Court dismissed appeals filed by the State of Haryana seeking reduction of land acquisition compensation. The court held that the court below's assessment, based on a government policy fixing minimum rates, was not on a higher side and no case for interference was made out.

What did the court decide?

Appeals filed by the State are dismissed; accompanying applications are dismissed.

State of Haryana Vs Harbhajan Singh and Ors. — Land Acquisition | Punjab & Haryana HC (2011)

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RFA No. 2471 of 2011 (1)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RFA No. 2471 of 2011 (O&M)

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Date of decision : 26.5.2011

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State of Haryana and another Harbhajan Singh and others

...Appellants

...Respondents

Coram : Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. D. D. Gupta, Additional Advocate General, Haryana.

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Rajesh Bindal, J.

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This order shall dispose of appeals bearing RFA Nos. 2471 to 2483 of 2011, filed by the State of Haryana, seeking reduction of compensation awarded to the landowners for the acquired land, as common questions of law and facts are involved therein.

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The bunch of appeals pertain to the valuation of land acquired for extension of Meerapur Choe Drain vide notification dated 4.6.2004 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') by the State of Haryana, situated within the revenue estate of village Chhana Jattan, Hadbast No. 28, and village Jodhura, Hadbast No. 27, Tehsil Guhla, District Kaithal. Notification under Section 6 of the Act was issued on 16.6.2004. The Land Acquisition Collector (for short 'the Collector') vide award dated 6.5.2005 assessed the market value of the acquired land @ 2,00,000/- per acre. 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 @ 4,50,000/- per acre. Aggrieved against the award of the learned court below, the State is in appeal before this court.

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RFA No. 2471 of 2011 (2)

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A perusal of the impugned award shows that the award by the Collector in the present case was announced on 6.5.2005. The learned court below placing reliance upon its earlier award, Ex. P-1, pertaining to the acquisition of land for the same purpose of village Channa Jattan, assessed the market value of the acquired land @ 4,50,000/- per acre. In number of cases, which came up for hearing before this court, a reference was made to the policy dated 28.4.2005 framed by the Government in terms of which for the awards announced on or after 5.3.2005, the minimum rates for the acquisition of land in the State of Haryana, was fixed at 5,00,000/- per acre. The award in the present case was announced by the Collector on 6.5.2005, after the issuance of policy dated 28.4.2005. The amount of compensation assessed by the learned court below for the acquired land cannot be said to be on higher side.

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Learned counsel for the State had further not been able to point out as to whether the award, Ex. P-1, which has been relied upon by the learned court below, was challenged by the State any further or not.

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Considering the aforesaid factors, in my opinion, no case for interference is made out. Accordingly, the appeals are dismissed. Consequently, the accompanying applications are also dismissed. However, it is made clear that dismissal of appeals filed by the State will not affect the merits of the appeal of the landowners, in case filed by them. The same shall be considered independently.

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26.5.2011 vs.

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(Rajesh Bindal) Judge

State of Haryana v. Harbhajan Singh and Ors.

Case brief

What is this about?

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State of Haryana v. Harbhajan Singh and Ors.

Case brief

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