LAWS(P&H)-2010-9-665

STATE OF HARYANA Vs. KRISHNA SAW MILL

Decided On September 06, 2010
STATE OF HARYANA Appellant
V/S
KRISHNA SAW MILL Respondents

JUDGEMENT

(1.) Through the present appeal the State of Haryana has approached this court for reduction of compensation for the acquired land.

(2.) Briefly, the facts of the case are that the State of Haryana vide notification dated 31.8.1987 issued under Section 4 the Land Acquisition Act, 1894, acquired land alongwith superstructure existing thereon, situated in Village Devi Nagar, District Ambala (now District Panchkula), for public purpose namely for the development and utilisation thereof as recreational and commercial area for Sector-3, Urban Estate, Panchkula. The Land Acquisition Collector (for short, "the Collector") awarded 22,197/- as compensation for the superstructure, 18,400/- on account of loss of business, and 5,000/- on account of shifting charges. Dissatisfied with the award of the Collector, the claimant filed reference before the learned court below. The learned Additional District Judge, while considering the material on record, awarded 5,550/- more as compensation for the building structure. It is this award, which is impugned in the present appeal.

(3.) Learned counsel for the parties very fairly conceded that the issue involved in the present appeal is squarely covered by the judgment of this court in RFA No. 1702 of 1994 M/s Gulati Stone Crusher, Devi Nagar vs The State of Haryana, decided on 25.2.2010, whereby the compensation payable to the landowners has been further enhanced.