The High Court of Punjab and Haryana disposed of an appeal filed by a landowner seeking enhancement of compensation for acquired land. Relying on a prior judgment, the court remanded the matter back to the learned Reference Court for decision afresh.
The matter was remanded back to the learned District Judge, Ambala for decision afresh.
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.
RFA No. 6253 of 2015
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RFA No.6253 of 2015 (O&M) Date of decision: 17.11.2015
Balwant Singh
..... Appellant
Versus
State of Haryana and another
......Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Ms. Savita Rana, Advocate, for the appellant.
Mr. Arun Beniwal, Deputy Advocate General, Haryana.
RAJESH BINDAL, J
By filing the appeal, the landowner is seeking enhancement of compensation for the acquired land.
Brief facts of the case are that the State of Haryana vide notification dated 20.7.2006, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') sought to acquire land situated within the revenue estate of villages Kanwala, Kanwali, Sarai Mehdud and Jandli, Tehsil and District Ambala, for development and utilisation thereof as residential, commercial and institutional areas for Sector-22, HUDA, Ambala City. Notification under Section 6 of the Act was issued on 19.7.2007. The Land Acquisition Collector (for short, 'the Collector') vide award No.3 dated 17.7.2009 assessed the market value of the acquired land of village Jandli @ 10,00,000/- per acre for Chahi/Nehri and for villages Kanwala, Sarai Mehdud and Kanwali @ 8,00,000/- per acre. The landowner feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below, determined the market value of the acquired land of all villages @ ` 499/- per square yard. This award has been impugned by the landowner before this Court.
Learned counsel for the parties are agreed that the issues raised in the present appeal are squarely covered by the judgment of this Court in
SHARMILA 2015.11.26 15:40 I attest to the accuracy and authenticity of this document. Chandigarh
RFA No. 6253 of 2015
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RFA No.3120 of 2011—Harinder Kumar and another v. State of Haryana, decided on 15.10.2015, whereby the matter has been remanded back to the learned Reference Court for decision afresh.
Accordingly, for the reasons recorded in Harinder Kumar's case (supra), the present appeal is also disposed of in the same terms.
Parties through their counsels are directed to appear before learned District Judge, Ambala on 15.2.2016.
(RAJESH BINDAL) JUDGE
17.11.2015 sharmila
SHARMILA 2015.11.26 15:40 I attest to the accuracy and authenticity of this document. Chandigarh
2 issues framed by the court
Whether the appeal filed by the landowner seeking enhancement of compensation for acquired land should be allowed.
Whether the matter requires remand to the learned Reference Court for a fresh decision.
Colour shows how this judgement treated each authority
Harinder Kumar and another v. State of HaryanaRelied on¶20
RFA No. 3120 of 2011
3 provisions across 2 enactments
Balwant Singh
State of Haryana
another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
