LAWS(P&H)-1998-1-77

SANJOYTA SEHGAL Vs. STATE OF HARYANA

Decided On January 07, 1998
SANJOYTA SEHGAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS Letters Patent Appeal No. 765 of 1987 titled Smt. Sanjoyta Sehgal and Ors. v. State of Haryana and Anr. , has been directed against the judgment dated 8. 4. 1987, passed by the learned Single Judge in Regular First Appeal No. 2004 of 1984, filed by the landowners and Regular First Appeal No. 2167 of 1984, filed by the State of Haryana, against the award dated 26. 7. 1984, delivered by the Additional District and Sessions Judge, Gurgaon, who decided the reference application under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') filed by the land-owners.

(2.) IT may also be mentioned here that vide the impugned judgment dated 8. 4. 1987, the learned Single Judge partly allowed the Regular First Appeal No. 2004 of 1984 of the landowners and dismissed the Regular First Appeal No. 2167 of 1984 filed by the State of Haryana.

(3.) 1982 fixed the market value of the acquired land at the rate of Rs. 17.00 per sq. yard. He also assessed the compensation for the building/structures then in existence on the acquired area at Rs. 37,645/ -. The landowners were not satisfied with the award of the Land Acquisition Collector and they sought a reference under Section 18 of the Act and the Additional District and Sessions Judge, Gurgaon, decided the reference through an award and assessed the market value of the land at the rate of Rs. 35.00 per sq. yard and further assessed the cost of the superstructures/building at Rs. 82,000/ -. Still not satisfied with the award of the Additional District and Sessions Judge, the landowners filed R. F. A. No. 2004 of 1984, decided by the learned Single Judge vide the impugned judgment. The learned Single Judge awarded compensation of the land at the rate of Rs. 40.00 per sq. yard as against Rs. 35.00 per sq. yard and awarded a sum of Rs. 1,09,800.00 being the cost of the superstructures as against Rs. 82,000.00, given by the court. Still not satisfied, the landowners have filed the present Letters Patent Appeal, which I dispose of with the assistance rendered by Shri V. K. Jain, Senior Advocate, assisted by Shri Raman Kumar, Advocate on behalf of the appellants. Nobody has put in the appearance on behalf of the State of Haryana.