Dismissed

Kartar Singh and Ors. v. State of Haryana and Others

Punjab & Haryana HC4 May 2012RFA/4475/2011

Case brief

AI extract

What is this about?

Landowners filed an appeal seeking enhancement of compensation for land acquired by the Government of Haryana. The reference court assessed value relying on this Court's earlier judgment in Sudama. The appellants argued the case was squarely covered by that judgment. The single judge held no case for further enhancement was made out since the valuation followed the binding precedent in Sudama, and

What did the court decide?

The appeal was dismissed.

Kartar Singh and Ors. Vs State of Haryana and Others — Land Acquisition | Punjab & Haryana HC (2012)

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RFA No. 4475 of 2011

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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RFA No. 4475 of 2011(O&M) Date of decision : 04.05.2012

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Kartar Singh and others

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...Appellants

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State of Haryana and others

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..Respondents

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present:. Mr. S.K. Yadav, Advocate for the appellants.

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Rajesh Bindal, J.

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The landowners are in appeal seeking enhancement of compensation for the acquired land.

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Briefly the facts of the case are that vide notification dated 15.5.1997 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”), the Government of Haryana sought to acquire land measuring 39.07 acres situated in the revenue estate of village Wazirabad, Tehsil and District Gurgaon for development and utilization thereof for residential, commercial and institutional area Sector-51 at Gurgaon. The same was followed by notification dated 15.5.1998, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award dated 13.5.2000 assessed the market value of the acquired land @ 12,00,000/- per acre for Chahi land; 9,60,000/- per acre for Allabarani land; 8,40,000/- per acre for Bhood land and 7,20,000/- per acre for Banjar and Gair Mumkin kind of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below assessed the value of the acquired land @ ` 1,216/- per square yard, relying upon judgment of this Court in RFA No. 1824 of 2006—Sudama and others Vs. The State of Haryana and another, decided on 1.10.2010,

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RFA No. 4475 of 2011

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whereby value of the land acquired vide same notification was determined.

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Learned counsel for the landowners fairly submitted that the present case is squarely covered by the judgment of this Court in Sudama and others Vs. The State of Haryana and another and the learned court below has assessed the compensation payable to the landowners on account of acquisition of land relying upon the judgment in Sudama 's case (supra).

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As the compensation has been assessed by the learned reference court relying upon a judgment of this Court, no case for further enhancement is made out.

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For the reasons mentioned in Sudama's case (supra), the present appeal is dismissed.

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(RAJESH BINDAL) JUDGE

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04.05.2012 sharmila

Kartar Singh and Ors. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Kartar Singh and Ors. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

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