The High Court allowed the appeal of a landowner against an award enhancing compensation for acquired land. Relying on its own precedent State of Haryana vs Sailak Ram, the court disposed of the appeal in terms of that judgment.
The appeal was disposed of in the same terms as the judgment in Sailak Ram, enhancing the compensation awarded.
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.
RFA No. 4330 of 2003
(1)
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 4330 of 2003 (O&M)
Date of decision : 11.2.2011
Layak Ram
.... Appellant
vs The State of Haryana and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Ms. Manisha Sahota, Advocate for Mr. Adarsh Jain, Advocate, 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 of the case are that the State of Haryana vide notification dated 7.9.1992 issued under Section 4 of the Act, acquired the land situated in revenue estate of Village Mewla Maharajpur, Tehsil and District Faridabad, for public purpose namely for the development and utilisation of land as residential, commercial and institutional Sectors 44 and 47 at Faridabad. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the land @ 1,96,800/- 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 @ 90/- per square yard. It is this award which is impugned in the present appeal.
Learned counsel for the appellant submitted that the claim of the appellant in the present appeal is squarely covered by the judgment of this court in RFA No. 4438 of 2008– State of Haryana and another vs Sailak Ram and others , decided on 1.9.2009, whereby compensation payable to the landowners for the acquired land was further enhanced to ` 280/- per square yard.
RFA No. 4330 of 2003
(2)
Learned counsel for the State did not dispute the fact that the claim in the present appeal is squarely covered by the aforesaid judgment. Accordingly, for the reasons recorded in Sailak Ram' s case (supra), the present appeal is disposed of in the same terms.
11.2.2011 vs.
(Rajesh Bindal) Judge
1 issue framed by the court
Whether the award of compensation under Section 18 of the Land Acquisition Act, 1894, requires enhancement based on the compensation principle laid down in State of Haryana vs Sailak Ram.
Colour shows how this judgement treated each authority
Sailak Ram and othersFollowed¶15
RFA No. 4438 of 2008 State of Haryana and another vs Sailak Ram and others decided on 1.9.2009
1 provisions across 1 enactments
Layak Ram
The State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
