RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the writ petition filed under Articles 226/227 of the Constitution is to the order dtd. 19/2/2015 (P4) whereby amount of compensation was fixed @ Rs.88,25,208.00 per acre while deciding the application under Sec. 28A of the Land Acquisition Act, 1894 by the Land Acquisition Collector, Gurgaon. The same was on the basis of award of the Additional District Judge in LA Case No.550 of 2012 titled as Chandan Singh etc. v. State of Haryana decided on 28/4/2014 along with all statutory benefits.

(2.) The notification in question under Sec. 4 was issued on 11/2/2010 for the land falling in village Bhangrola. The amount of compensation as awarded by the Land Acquisition Collector @ Rs.50.00 lakhs per acre was enhanced to Rs.1,81,44,000.00 per acre in RFA No.5316 of 2014 Pushpender Kumar and Ors. v. State of Haryana and Anr. decided on 27/5/2016 while deciding a bunch of cases (P2). The Apex Court had reduced the amount by 15% in Civil Appeal No.11913-11945 of 2017. Resultantly, the amount of market value for the land would come to Rs.27,21,600.00 and thus the market value has been fixed @ Rs.1,54,22,400.00 per acre.

(3.) It is thus the contention of the counsel for the petitioner that once the matter is pending before the Apex Court, application under Sec. 28A should not have been decided. The same has been opposed by counsel for the State and as per the defence taken the present writ petition is not the appropriate remedy since there is alternative remedy to approach the Civil Court for the said benefits.