Allowed

Randhir and Anr. v. State of Haryana through Collector and Ors.

Punjab & Haryana HC10 Dec 2019RFA/1152/2019

Case brief

AI extract

What is this about?

This single-judge oral order disposed of an appeal under Section 54 of the Land Acquisition Act, 1894. The court ordered the appeal disposed of in the same terms as a related set of appeals (RFA No. 4101 of 2008) which fixed specific market values for various land notifications. The court reiterated State directions to pay compensation directly to landowners.

What did the court decide?

The appeal is disposed of in the same terms as RFA No. 4101 of 2008 with fixed compensation rates.

Randhir and Anr. Vs State of Haryana through… — Land Acquisition | Punjab & Haryana HC (2019)

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SHIVANI GUPTA 2019.12.16 14:34 1

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RFA No. 1152 of 2019 (O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RFA No. 1152 of 2019 (O & M) Date of decision: 10.12.2019

Randhir and another

....Appellant(s)

Versus

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. Navneet Singh, Advocate, for the appellants.

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Ms. Vibha Tewari, AAG, Haryana.

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G.S.SANDHAWALIA, J. (Oral)

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Counsel for the appellants has made correction in the Memo of Parties and duly initialled the same.

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Office to take necessary steps to incorporate the corrections in the scanned record.

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The present appeal filed under Section 54 of the Land Acquisition Act, 1894 is directed against the award dated 14.12.2017 passed by the Reference Court, Sonepat wherein, sum of Rs.36,00,000/- per acre has been awarded for the notification dated 22.06.2006 for the land falling in village Jatheri. The reliance of the Reference Court is upon an earlier award (Ex.P-1) to grant the same amount of compensation. In RFA No. 4101 of 2008, HSIDC vs. Rajesh Kumar (II) decided on 05.07.2019 for the said notification dated 22.06.2006, this Court has fixed the market value at Rs.42,30,000/- upto the depth of 2 acres (440 ft.) and for the balance at Rs.40,50,000/- while dealing with various notifications. The relevant portion reads thus:-

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RFA No. 1152 of 2019 (O & M)

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“189. Keeping in view the above, the market value alongwith all statutory benefits is fixed as under:-

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(i) For the first notification dated 13.08.2004, for the land falling in Villages Badh Malik and Pritampura, the market value would be Rs.21,00,000/- per acre. For Jatheri and Akbarpur Barota, Rs.19,00,000/-. For the lands of Villages Abaspur and Chattera Bahadur, acquired by second notification dated 27.08.2004, the market value would work out to Rs.17,00,000/-. The landowners would also be entitled to 50% severance on the market value on account of the statutory restrictions imposed on the balance land and the expressway making the other portion of the land non-viable for cultivation on account of denial of access. However, the benefit of solatium and interest element under Section 23(1-A) and Section 23(2) would not be payable on the amount of severance.

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(ii) For the third notification dated 30.06.2005, for Villages Badh Malik, Pritampura and Rasoi, uniform compensation @ Rs.29,54,000/- per acre along with all statutory benefits, is granted.

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(iii) For the fourth notification dated 16.11.2005, for Villages Rasoi, Rs.52,80,000/- per acre along with all statutory benefits, is granted.

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(iv) For the fifth notification dated 17.11.2005, for the land falling upto the depth of 2 acres (440 feet) of the National Highway, market value is assessed @ Rs.38,50,000. For the other land falling in Villages Badh Khalsa, Firozepur Khadar, Abaspur, Badh Malik and Patla, the market value is assessed @ Rs.35,00,000/- along with all statutory benefits. For Villages Jakholi, Sewli, Khewda and Bahalgarh, the market value is assessed @ Rs.31,50,000/- per acre along with all statutory benefits.

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RFA No. 1152 of 2019 (O & M)

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(v) For the sixth notification dated 28.03.2006, for Villages Jatheri, Rs.35,00,000/- per acre is granted along with all statutory benefits.

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(vi) For the seventh notification dated 22.06.2006 for Villages Badh Malik, Pritampura, Jatheri , Liwan, Rai and Badh Khalsa, Rs.42,30,000/- per acre is granted upto the depth of 2 acres (440 feet) and for the balance land, market value is assessed @ Rs.40,50,000/- per acre, along with all statutory benefits.

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(vii) For the eighth notification dated 05.03.2007, for Villages Badh Malik, Pritampura and Rasoi, the market value is assessed @ Rs.45,00,000/- per acre along with all statutory benefits.

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(viii) Resultantly, the appeals alongwith crossobjections filed by both the landowners and the State are disposed of. In appeals where delay has been condoned conditionally, the benefit of interest on the enhanced compensation for the period of delay in filing the appeals shall not be granted to the landowners, as specified in the orders condoning the delay. All the pending civil miscellaneous applications also stand disposed of.

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(ix) The State shall also comply with the directions laid down by the Apex Court in 'HSIIDC Vs. Pran Sukh' (2010) 11 SCC 175 , to ensure that the landowners are not fleeced by the middleman, which read as under:

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(a) The Land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tahsildar, who shall get in touch with all the land owners and/or their legal representatives and inform them about their entitlement and right to receive enhanced compensation.

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RFA No. 1152 of 2019 (O & M)

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(b) The concerned officers shall also instruct the land owners and/or their legal representatives to open savings bank account in case they already do not have such account.

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(c) The bank account numbers of the land owners should be given to the Land Acquisition Collector within three months.

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(d) The Land Acquisition Collector shall deposit the cheques of compensation in the bank accounts of the land owners.”

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Accordingly, the present appeal is also disposed of in the same

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terms.

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10.12.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No

Randhir and Anr. v. State of Haryana through Collector and Ors.

Case brief

What is this about?

What did the court decide?

Randhir and Anr. v. State of Haryana through Collector and Ors.

Case brief

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What did the court decide?

What the court decided

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