LAWS(P&H)-2011-1-78

ASHOK KUMAR Vs. STATE OF HAYANA

Decided On January 28, 2011
ASHOK KUMAR Appellant
V/S
State Of Hayana Respondents

JUDGEMENT

(1.) The landowners have filed the present appeal seeking enhancement of compensation for the acquired land.

(2.) Briefly the facts are that vide notification dated 10.5.1989 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Haryana sought to acquire land in the revenue estate of village Taraf Insar, District Panipat for development and utilisation thereof as Sectors 6, 7 and 8 Panipat. It was followed by notification under Section 6 of the Act dated 9.5.1990. The Land Acquisition Collector (for short, 'the Collector') assessed the compensation for the acquired land @ ' 2,00,000/- per acre for chahi, ' 1,50,000/- per acre for barani and ' 1,25,000/- per acre for banjar kadeem kind of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land @ ' 81/- per square yard. Aggrieved against the award of learned Court below, the landowners are before this Court.

(3.) Learned counsel for the appellants submitted that the issues raised in the present appeal are squarely covered by judgment of this court in RFA No. 2213 of 1995 Kasturi Lal and others vs The State of Haryana and others, decided on 27.5.2009, whereby the compensation payable for the acquired land was further enhanced to ' 139/- per square yard. Learned State counsel did not dispute the aforesaid factual position.