The High Court of Punjab and Haryana disposed of an appeal filed by a landowner against the award of compensation, determining the market value of the land based on a prior precedent, R.F.A. No. 1824 of 2006, decided by the same court.
The appeal was disposed of in the same terms as the precedent case R.F.A. 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. 4541 of 2011
(1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.F.A. No. 4541 of 2011 (O&M)
Date of decision : 9.5.2012
Smt. Harbans Kaur
.... Appellant
vs
Land Acquisition Collector and another
.... Respondents
Coram : Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. N. D. Achint, Advocate, for the appellant.
Mr. D. D. Gupta, Additional Advocate General, Haryana.
RAJESH BINDAL, J
The landowner has 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 villages 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 landowner is before this Court.
R.F.A. No. 4541 of 2011
(2)
Learned counsel for the appellant 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 appeal for enhancement of land acquisition compensation is to be disposed of on the same terms as the precedent set in RFA No. 1824 of 2006.
Colour shows how this judgement treated each authority
Sudama and others vs The State of Haryana and anotherFollowed¶19
RFA No. 1824 of 2006 Sudama and others vs The State of Haryana and another
2 provisions across 1 enactments
Smt. Harbans Kaur
Land Acquisition Collector
another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
