The landowners appealed against the court below's determination of market value for acquired land. Relying on a prior decision, the High Court disposed of the appeal by accepting the valuation determined in the cited precedent.
The appeal was disposed of in the same terms as the judgment in RFA No. 1824 of 2006.
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.
R.F.A. No. 4540 of 2011
(1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.F.A. No. 4540 of 2011 (O&M)
Date of decision : 9.5.2012
Mam Chand and others
.... Appellants
vs
State of Haryana and another
.... Respondents
Coram : Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. N. D. Achint, Advocate, for the appellants.
Mr. D. D. Gupta, Additional Advocate General, Haryana.
RAJESH BINDAL, J
The landowners have filed the present appeal seeking enhancement of compensation for the acquired land.
Briefly the facts are that vide notification dated 8.9.1997 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Haryana sought to acquire land in the revenue estates of village Wazirabad and Chakarpur, Tehsil and District Gurgaon, for development and utilisation thereof as residential, commercial, institutional and open spaces area, forming sectors 26-A, 27, 28, 42 and 43 at Gurgaon. Notification under Section 6 of the Act was issued on 7.9.1998. The Land Acquisition Collector (for short, 'the Collector') awarded compensation of acquired land @ 12,00,000/- per acre for chahi, 9,60,000/- per acre for alla barani, 8,40,000/- per acre for bhood, and 7,20,000/- per acre for banjar kind of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below determined the market value of the acquired land @ ` 717/- per square yard. Aggrieved against the award of learned Court below, the landowners are before this Court.
R.F.A. No. 4540 of 2011
(2)
Learned counsel for the appellants submitted that the issues raised in the present appeal are squarely covered by 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, whereby the market value land acquired vide notification of the same date was determined @ ` 1,520/- per square yard.
Learned State counsel did not dispute the aforesaid factual
position.
Accordingly, for the reasons recorded in Sudama's case (supra), the present appeal is disposed of in the same terms.
9.5.2012 vs.
(Rajesh Bindal) Judge
1 issue framed by the court
Whether the enhancement of compensation for acquired land must follow the precedent laid down in RFA No. 1824 of 2006.
Colour shows how this judgement treated each authority
Sudama and others vs The State of Haryana and anotherExplained¶19
RFA No. 1824 of 2006 Sudama and others vs The State of Haryana and another
2 provisions across 1 enactments
Mam Chand and others
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
