Allowed

(O&M) State of Haryana v. Chander Bhan.

Punjab & Haryana HC2 Mar 2013RFA/1512/1995

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana set aside differential compensation rates awarded by the Reference Court in RFA No.879 of 2001 for land acquisition. The court ruled that valuation must be uniform as established in RFA No.37 of 1996, specifying a flat rate of ` 135 per square yard for all properties to resolve inconsistencies in the same notification.

What did the court decide?

Modified compensation awards to a uniform valuation of ` 135 per square yard for all properties subject to the appeals.

(O&M) State of Haryana Vs Chander Bhan. — Land Acquisition | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RFA No.1512 of 1995 (O&M) Date of decision:02.03.2013

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State of Haryana ...Appellant

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versus

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Chander Bhan (since deceased, through his LRs) and others

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....Respondents

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II. RFA No.879 of 2001 (O&M)

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State of Haryana ...Appellant

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versus

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Gram Panchayat, Jharsa, Tehsil and District Gurgaon

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...Respondent

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CORAM: HON’BLE MR. JUSTICE K. KANNAN

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Present: Mr. Kunal Garg, AAG, Haryana.

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Mr. Chiranji Lal, Advocate, for respondent No.1 in RFA No.1512 of 1995.

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Whether reporters of local papers may be allowed to see the judgment ? No.

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To be referred to the reporters or not ? No.

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Whether the judgment should be reported in the digest ?No.

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K.Kannan, J. (Oral)

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Both the appeals are at the instance of the State in

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respect of acquisition made in the same notification. The details are set out in the tabulation as under:-

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RFA No.1512 of 1995 (O&M)

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in RFA No.1512 of 1995

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Date of notification unde	r Section 4	27.08.1987
Village		Jharsa, District Gurgaon
Total extent acquired		294.04 acres
Purpose of acquisition		Institution area in Sector 32
Collector's award		1 lakh per acre for chahi; 80,000/- per acre for Abi/Magda; 65,000/- per acre for Narmot/banjar/gair mumkin
Reference Court		Land abutting link road=204 per sq. yard not abutting link road=136 per sq. yard
Previous award Award of District Court or High Court	Village	Notification under Section 4 Award of compensation per acre
RFA No.37 of 1996, date of decision 13.05.1999		135 per square yard

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Previous award

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in RFA No.879 of 2001

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Date of notification under Section 4	27.08.1987
Village	Jharsa, District Gurgaon
Total extent acquired	294.04 acres
Purpose of acquisition	Institution area in Sector 32
Collector's award	1 lakh per acre for chahi; 80,000/- per acre for Abi/Magda; 65,000/- per acre for Narmot/banjar/gair mumkin
Reference Court	Upto 10 yards from NH=213.99 per sq.yard Upto 10 yards abutting Gurgaon-Jharsa road=160.49 per square yard; Beyond 10 yards in both=106.99 per square yard.

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Previous award

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Award of District	Notification under	Award of
Court or High	Section 4	compensation
Court		per acre
RFA No.37 of 1996,		135 per square yard
date of decision
13.05.1999

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RFA No.1512 of 1995 (O&M) - 3 -

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The Registry has placed on record the judgment in RFA No.37 of 1996, decided on 13.05.1999 for acquisition of property under the same notification in the same village and for the same purpose, the Court has awarded a flat rate of 135/- per square yard and at a lesser rate of 136/- per square yard for the portion of the property not abutting the link road. In the appeal which is the subject in RFA No.1512 of 1995, there is still a further variation in the other RFA No.879 of 2001 where the Reference Court had determined compensation at 213.99 per square yard upto the depth of 10 yards abutting the national highway; at a rate of 160.49 per square yard upto 10 yards abutting Gurgaon-Jharsa road and at a rate of 106.99 per square yard for the property beyond 10 yards in both the above segments. The differential valuation shall be discarded to obtain a uniform valuation in the manner assessed by this Court already in **RFA No.37 of 1996** . The awards stand modified and the value shall be at 135/- per square yard for all the properties which were the subject of appeal. The appeals by the State are disposed of to the above extent.

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(K.KANNAN) JUDGE

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02.03.2013 sanjeev

(O&M) State of Haryana v. Chander Bhan.

Case brief

What is this about?

What did the court decide?

(O&M) State of Haryana v. Chander Bhan.

Case brief

What is this about?

What did the court decide?

What the court decided

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