Disposed

Harkam Singh v. Hy St.

Punjab & Haryana HC9 May 2012RFA/2016/1988

Case brief

AI extract

What is this about?

Appeal against land acquisition compensation award. Court disposed of the appeal by holding it should be decided on the same principle as a previously decided related matter (Kashmiri Lal case), ordering value assessed at Rs.250 per square yard.

What did the court decide?

Regular First Appeal No. 2016 of 1988 disposed of in terms of RFA No.426 of 1994, ordering market value assessment at Rs.250 per square yard.

Harkam Singh Vs Hy St. — Land Acquisition | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RFA NO.2016 of 1988 & Civil Misc. No. 12535-CI of 2011 Date of Decision: 9.5.2012.

Hakam Singh

.... Appellant

Versus

State of Haryana .... Respondent CORAM: HON'BLE MR. JUSTICE NAWAB SINGH

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.... Respondent

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Present: Mr. G.S. Punia, Advocate, for the appellants.

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Mr. Satyavir Singh Yadav, Addl. AG, Haryana, for the respondent.

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NAWAB SINGH.J (ORAL)

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This land owner's appeal is directed against the Award dated August 31, 1988 passed by Additional District Judge, Ambala whereby he assessed the market value of the acquired land at Rs.1,50,000/- per acre.

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Vide notification No. LAC(P) NTLA-81/4150 dated August 27^th , 1981 under Section 4 of the Land Acquisition Act, 1884 (for short the “Act”), the Government of Haryana acquired 15.66 acres of land situated in village Judian and Bhainsa Tibba Tehsil Kalka, District Ambala now Panchkula for residential and commercial purposes. The Land Acquisition Collector, Panchkula assessed the market value of the acquired land at the rate of 60,000/- per acre. Dissatisfied therewith, the land owners sought for enhancement and reference was made under Section 18 of the Act. 3. Learned Additional District Judge, Ambala by judgment/Award dated March 31^st , 1988 enhanced the compensation to Rs.1,50,000/- per acre.

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The judgment/Award of the Reference Court was impugned in this Court. This Court dismissed the appeal by judgment dated September 22^nd , 2008. Thereafter, review application was filed but the same was also dismissed by this Court by order dated September 6^th , 2010.

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By filing Civil Appeal No.6071-6072 of 2011, the aforesaid judgment and order were challenged by the land owners

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before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide judgment dated July 29^th , 2011 set aside both the orders and remanded the matter to this Court for decision afresh. For ready reference, the order passed by the Hon'ble Supreme Court is reproduced as under:-

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“Delay condoned.

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In the light of the fact that Civil Appeal No.2699 of 2008 filed by the present appellant pertaining to the same acquisition had been allowed and the mater remanded to the High Court for decision afresh after considering the additional documents filed in the appeal, we allow the present appeals as well more particularly because in the proceedings arising out of the Civil Appeal No.2679 of 2008 the compensation has been increased substantially by the High Court. We, accordingly, set aside the orders impugned herein and remand the matters to the High Court for decision afresh uninfluenced by any observations or earlier orders of this Court.”

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Civil Appeal No.2699 of 2008, referred to above, along with other appeals were remanded to this Court for decision afresh. Thus, RFA No.426 of 1994 along with other appeals was disposed of by this Court vide order dated February 22, 2010 assessing the market value of the acquired land at the rate of Rs.250/- per square yard.

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In the present appeal, the land owner has filed Civil Misc. Application No.12535-CI of 2011 praying that this appeal be disposed of in view of the order dated February 22nd, 2010 passed in RFA No.426 of 1994.

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Counsel representing the State has fairly conceded that the land of village Bhainsa Tibba was acquired vide the same notification and for the same purpose.

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In view of above, Regular First Appeal No. 2016 of 1988 is disposed of in terms of RFA No.426 of 1994 titled

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Kashmiri Lal and others vs. State of Haryana and another decided on February 22nd, 2010.

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9.5.2012. (NAWAB SINGH) SN JUDGE

Harkam Singh v. Hy St.

Case brief

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What did the court decide?

Harkam Singh v. Hy St.

Case brief

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What did the court decide?

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