LAWS(P&H)-2005-7-158

BRAHMA DEVI AND ANOTHER Vs. STATE OF HARYANA

Decided On July 27, 2005
BRAHMA DEVI AND ANOTHER Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Vide this judgment a bunch of 40 Letters Patent Appeals are being disposed of as all the appeals have arisen out of the same acquisition proceedings. All the appeals have been filed by the claimant-appellants praying for further enhancement of compensation.

(2.) Vide a notification dated April 30,1986, land measuring 84.96 acres situated in village Mewla Maharajpur. Hadbast No. 4, Tehsil Ballabgarh, District Faridabad was sought to be acquired for the development and utilization of land as a residential area, in Sector-46, Faridabad. On actual measurement, the acquired land was found to be measuring 83 59 acres. The Land Acquisition Collector, through his award dated December 28, 1988, assessed the market value of the aforesaid acquired land at the rate of Rs. 28/- per square yard. The claimants remained dissatisfied and claimed reference under section 18 of the Act. The matter was, accordingly, referred. The reference court, on the basis of the material available on record, determined the market value of the acquired land at the rate of Rs. 25/- per sq. yard. The claimants still remained dissatisfied and approached this court through various first appeals. The learned Single Judge reappraised the material available on the record and on the basis of the aforesaid reappraisal assessed the market value of the acquired land at the rate of Rs. 35/- per sq. yard. The claimants were also held entitled to the statutory benefits of the amended provisions of the Land Acquisition Act (hereinafter referred to as the "Act") The claimants have filed the present appeals claiming further enhancement.

(3.) The acquired land was situated in village Mewla Maharajpur. The same was acquired for the development of Sector-46, Faridabad.