Dismissed

Ram Sawrup and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC2 May 2012RFA/772/2012

Case brief

AI extract

What is this about?

The High Court dismissed appeals by land owners seeking enhancement of compensation for land acquired for a channel project. Noting the absence of documentary sale evidence to justify higher claims beyond oral testimony, the Court upheld the reference court's award and cited a concurrent decision.

What did the court decide?

Appeals and accompanying applications dismissed; compensation award upheld.

Ram Sawrup and Ors. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2012)

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RFA No. 772 of 2012 (1)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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R.F.A. No. 772 of 2012 (O&M)

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Date of decision 2.5.2012

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Ram Sawrup 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. V. S. Punia, Advocate, for the appellants.

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Rajesh Bindal, J.

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The land owners have filed the appeals against the impugned award seeking enhancement of compensation for the acquired land.

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Briefly, the facts of the case are that vide notification dated 12.5.2006, issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act'), State of Haryana sought to acquire the land situated in village Chhot, Hadbast No. 18, Tehsil and District Kaithal for construction of Shergarh-Guhna Link Channel from RD 15730 to 74700 off taking from RD 189989- Right Sirsa Branch. The same was followed by notification dated 7.8.2006, issued under Section 6 of the Act. The Land Acquisition Collector (for short, the Collector') vide award dated 20.3.2007 assessed the market value of the acquired land @ 5,00,000/- per acre. 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 @ 8,00,000/- per acre. A sum of ` 50,000/- was also awarded on account of severance of their land. It is this award which is impugned by the landowners before this court.

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Learned counsel for the land owners submitted that the Court below has failed to appreciate the evidence led by the land owners on record while determining the fair value of the acquired land. It has not considered the potentiality of the acquired land. It was submitted that the court below

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RFA No. 772 of 2012 (2)

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has not granted compensation to the landowners as per the prevailing market value of the land which was more than ` 30,00,000/- per acre in the area. But the learned court below has not considered these facts while assessing the compensation.

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Heard learned counsel for the appellants and perused the paperbook.

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It is not disputed by learned counsel for the appellants that no documentary evidence in the form of sale-deed was brought on record by the landowners which could justify any further increase. The landowners had produced only oral evidence to show the value of the acquired land, which cannot be relied in isolation for assessment of value of the acquired land. In the absence of any documentary evidence in the form of sale instances, the learned court below has assessed just and fair compensation for the acquired land. The same does not call for any interference by this court. This Court in RFA No. 2355 of 2011 – The State of Haryana and others vs Anil Kumar and another decided on 6.5.2011 had dismissed the appeals filed by the State against the same award. Accordingly, I do not find that any case has been made out by the landowners for further enhancement of compensation.

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Accordingly, the appeals are dismissed. Consequently, all the accompanying applications are also dismissed.

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(Rajesh Bindal) Judge

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2.5.2012 vs.

Ram Sawrup and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Ram Sawrup and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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