Dismissed

Raj Kumar v. State of Haryana and Ors.

Punjab & Haryana HC10 Dec 2015RFA/6306/2015

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana disposed of a bundle of revision appeals concerning the enhancement of land acquisition compensation. Relying on the principles established in Ram Kanwar v. State of Haryana, the court upheld the learned court's award and granted the statutory benefit under Section 23(1A) of the Land Acquisition Act, 1894.

What did the court decide?

The writ petitions were dismissed; the lower court award and grant of benefit under Section 23(1A) were upheld.

Raj Kumar Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2015)

¶1

RFA No. 6306 of 2015

¶2

(1)

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

RFA No. 6306 of 2015 (O&M) Date of decision :10.12.2015

Raj Kumar

... Appellant

State of Haryana and others

¶9

.. Respondents

¶10

Coram: Hon'ble Mr. Justice Rajesh Bindal

¶11

Present: Mr. Rajiv Sharma Advocate, for the landowner(s).

¶12

Ms. Vibha Tewari, Assistant Advocate General, Haryana.

¶13

Rajesh Bindal, J.

¶14

This order will dispose of a bunch of appeals bearing RFA Nos. 6306 to 6311, 6344 to 6348, 6473 and 6474 of 2015, as common questions of law and facts are involved therein. However, facts have been extracted from RFA No.6306 of 2015.

¶15

The landowner(s) are in appeal seeking enhancement of compensation for the acquired land.

¶16

Briefly, the facts of the case are that State of Haryana vide notification dated 30.12.2002, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated in village Jhajjar, Hadbast No.100, Tehsil and District Jhajjar for development and utilization thereof as residential and commercial for Sector-6, Jhajjar. The same was followed by notification dated 8.12.2003 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide his award No.5 dated 5.12.2005, assessed the market value of the acquired land @ 12,50,000/- per acre. Aggrieved against the award of the Collector, the landowner(s) filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, assessed the compensation for the acquired land @ 13,78,574/- per acre. The same has been impugned by the landowner(s)

¶17

SHARMILA 2015.12.23 15:13 I attest to the accuracy and authenticity of this document. Chandigarh

RFA No. 6306 of 2015

(2)

before this Court.

Learned counsel for the landowner(s) submitted that the claim made in the present set of appeals is squarely covered by the judgment of this Court in RFA No. 3267 of 2015- Ram Kanwar v. State of Haryana and others, decided on 27.11.2015, whereby the award of the learned court below with regard to the amount of compensation was upheld and the landowners were granted statutory benefit under Section 23(1A) of the Act.

¶22

Learned counsel for the State did not dispute the aforesaid fact. Accordingly, for the reasons recorded in Ram Kanwar's case (supra), the present set of appeals is disposed of in the same terms.

¶23

10.12.2015

¶24

sharmila

¶25

(Rajesh Bindal) Judge

¶26

SHARMILA 2015.12.23 15:13 I attest to the accuracy and authenticity of this document. Chandigarh

Raj Kumar v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Raj Kumar v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harkesh Vs Roopchand Thr Lrs Madan Singh and Ors.

Ashwani Kumar Vs State of Haryana ( Supersteructure/Trees/ Tube Wells/Apporationment Nature ( in Rfa 3366/11)

Radha Krishan Vs State of Haryana etc.

Bhagwan Dass Vs State of Haryana and Ano.

Tej Singh and Ors. Vs State of Haryana and Ors.

Phool Chand Vs State of Haryana & Ors.