The High Court dismissed an appeal filed by a landowner seeking enhancement of compensation for acquired land, affirming the lower court's award after relying on a prior judgment by this court.
The appeal and the accompanying application were dismissed.
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 AND HARYANA AT CHANDIGARH
RFA No. 6129 of 2011 (O&M)
Gurdial Singh
...Appellant
vs
State of Haryana and others
...Respondents
Coram : Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. D. S. Nain, Advocate, for the appellant.
Rajesh Bindal, J.
By filing the present appeal, the landowner is seeking enhancement of compensation for the acquired land.
Briefly, the facts are that vide notification dated 9.8.2002, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire land situated within the revenue estate of village Patti Kaisth Seth, Tehsil and District Kaithal, for development and utilisation thereof as residential, commercial and institutional Sector-21 Kaithal. The same was followed by notification under Section 6 of the Act dated 8.8.2003. The Land Acquisition Collector (for short, “the Collector”) vide his award dated 5.8.2005 assessed the market value of the acquired land @ 5,00,000/- 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 fair market value of the acquired land @ 280/- per square yard. It is this award which is impugned in the present appeal.
Learned counsel for the appellant fairly submitted that the claim made by the appellant in the present appeal is squarely covered by judgment of this court in RFA No. 254 of 2008- Parveen Kumari vs State of Haryana and others decided on 4.4.2011, whereby the award of the learned court below assessing compensation @ ` 280/- per square yard was upheld.
Accordingly, the present appeal is dismissed. The accompanying application is also dismissed.
(Rajesh Bindal) Judge
20.12.2011 vs.
1 issue framed by the court
Whether the award of the learned court below assessing compensation at `280/- per square yard should be enhanced.
Colour shows how this judgement treated each authority
Parveen Kumari vs State of Haryana and othersFollowed¶13
RFA No. 254 of 2008- Parveen Kumari vs State of Haryana and others
2 provisions across 1 enactments
Gurdial Singh
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
