Disposed

Opera House Exports Ltd. v. State of Haryana and Ors.

Punjab & Haryana HC27 Mar 2018RFA/301/2018

Case brief

AI extract

What is this about?

This order processed a main appeal under Section 54 of the Land Acquisition Act, 1894. The High Court directed a 15% deduction for development charges based on the Supreme Court's decision in Civil Appeal No. 11913-11945 of 2017, reducing the awarded market value.

What did the court decide?

Market value of land assessed at Rs. 1,96,21,292/- per acre after deducting 15% development charges.

Opera House Exports Ltd. Vs State of Haryana and… — Land Acquisition | Punjab & Haryana HC (2018)

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C.M. No. 2214-CI of 2018 in/and RFA No. 301 of 2018

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.M. No. 2214-CI of 2018 in/and RFA No. 301 of 2018 Date of decision: 27.03.2018

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Opera House Exports Ltd.

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....Petitioner(s)

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Versus

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State of Haryana and others

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

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Present: Mr. Shailendra Jain, Sr. Advocate, with Mr. Satyendra Chauhan, Advocate, for the applicant-appellant.

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G.S.SANDHAWALIA, J. (Oral)

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C.M. No. 2214-CI of 2018 has been filed for disposal of the main appeal in terms of the judgment dated 05.09.2017 passed by the Apex Court in Civil Appeal No. 11913-11945 of 2017, State of Haryana and

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others vs. Pushpendra Kumar and others.

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Notice in the application and in the main case.

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Ms. Safia Gupta, AAG, Haryana accepts notice.

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The appeal filed under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') is against the award of the Reference Court dated 30.10.2017 whereby, a sum of Rs. 1,09,43,525/- per acre has been awarded qua the notification dated 11.02.2010 for the land falling in village Naharpur Kasan. The Reference Court had noticed the decision in RFA No. 5316 of 2014, Pushpendra Kumar and others vs. State of Haryana decided on 27.05.2016 whereby, a sum of Rs.2,30,83,872/- per acre had been assessed as market value of the land of the said village.

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The Apex Court, vide decision dated 05.09.2017, has imposed

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Shivani Gupta 2018.04.03 12:35 I attest to the accuracy and integrity of this document

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C.M. No. 2214-CI of 2018 in/and RFA No. 301 of 2018

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reduction of 15% towards development charges which read thus:-

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“10. In our opinion, the deduction of 15% towards development would have been sufficient, which ought to have been made in the instant cases, in the peculiar facts of the case, considering the potentiality of the area in question and the development which has taken place all around. This order not to be treated as a precedent in any other case. Thus, we modify the determination made by the High Court to the above extent only. Let deduction be made accordingly.”

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Resultantly, an amount of Rs.34,62,580/- would be deductible

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and, therefore, the market value of the land would be assessable at Rs.1,96,21,292/- per acre alongwith statutory benefits on the principle of parity.

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Resultantly, the appeal is allowed in the above terms.

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27.03.2018 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No

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Shivani Gupta 2018.04.03 12:35 I attest to the accuracy and integrity of this document

Opera House Exports Ltd. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Opera House Exports Ltd. v. State of Haryana and Ors.

Case brief

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What did the court decide?

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