This single judge appeal concerned the enhancement of compensation for land acquired under the Land Acquisition Act, 1894. The court referred to the principle in Naut Ram and allowed the appeal in the same terms as that precedent.
The appeal is disposed of in the same terms as quashed in Naut Ram and others vs State of Haryana and another.
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. 68 of 2003
(1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RFA No. 68 of 2003 (O&M)
Date of decision : 15.5.2012
Ram Pal and others
.... Appellants
vs
State of Haryana and another
.... Respondents
Coram : Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Amit Jain, Advocate, for the appellants.
Mr. Anjum Ahmed, Additional Advocate General, Haryana.
Rajresh 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 18.12.1991, issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act), land situated within the revenue estate of villages Chakkarpur, Wazirabad and Haiderpur, Tehsil and District Gurgaon was sought to be acquired by the State of Haryana for development and utilization thereof as sector road at Gurgaon. The same was followed by notification dated 27.11.1992 issued under Section 6 of the Act. The Land Acquisition Collector (for short, the Collector) vide award dated 4.1.1994 assessed the market value of the acquired land as under:
Village Chakkarpur
| Chahi | `3,60,000/- per acre |
|---|---|
| Alla Barani/Magda | `3,60,000/- per acre |
| Bhood | `1,35,000/- per acre |
| Banjar | `90,000/- per acre |
| Gair Mumkin | `3,60,000/- per acre |
| Village Wazirabad | |
| Chahi | `3,60,000/- per acre |
| Alla Barani/Magda | `2,25,000/- per acre |
| Bhood | `1,35,000/- per acre |
| Banjar | `90,000/- per acre |
| Gair Mumkin | `3,15,000/- per acre |
| Village Haiderpur Viran | |
| Chahi | `3,60,000/- per acre |
| Alla Barani/Magda | `2,25,000/- per acre |
| Bhood | `1,35,000/- per acre |
| Banjar | `90,000/- per acre |
| Gair Mumkin | `2,70,000/- per acre” |
R.F.A. No. 68 of 2003
(2)
Dissatisfied with the award of the Collector, the land owners filed objections. On reference, the learned court below assessed the market value of the acquired land @ ` 141.22 per square yard. Aggrieved against the award of learned Court below, the landowners are before this Court.
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. 1971 of 2002 - Naut Ram and others vs State of Haryana and another, decided on 15.10.2010, whereby the compensation for the land acquired vide notification dated 18.12.1991, was enhanced to ` 10,87,000/per acre.
Learned State counsel did not dispute the aforesaid factual
position.
For the reasons recorded in Naut Ram's case (supra), the present appeal is disposed of in the same terms.
15.5.2012 vs.
(Rajesh Bindal) Judge
2 issues framed by the court
Whether the compensation awarded for acquired land under Section 4 and Section 6 of the Land Acquisition Act, 1894 requires enhancement in line with Naut Ram.
What is the appropriate compensation for the acquired land in the present appeal?
Colour shows how this judgement treated each authority
Naut Ram and others vs State of Haryana and anotherFollowed¶22
RFA No. 1971 of 2002 - Naut Ram and others vs State of Haryana and another
2 provisions across 1 enactments
Ram Pal and others
State of Haryana and another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
