HARI SINGH @ HARIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present writ petition, filed under Article 226/227 of the Constitution of India, is to the order dtd. 19/12/2016 (Annexure P-4), passed by respondent No.3, whereby the petition, filed under Sec. 28-A of the Land Acquisition Act, 1894 (for short, the 'Act') has been decided and the landowners have been granted compensation @ Rs.1,77,71,110.00 per acre along with all statutory benefits. The same has been done on the basis of the award passed by the Additional District Judge, Gurugram in Land Acquisition Case No.704/2012 titled Sama Chauhan Vs. State of Haryana, decided on 26/3/2014.

(2.) The grouse of the petitioners is only to the extent that the matter has been finalized upto the Apex Court for the notification dtd. 11/2/2010 in CA-11913-11945-2017 titled State of Haryana and another Vs. Pushpendra Kumar and others, decided on 5/9/2017, whereby the market value has been finalized, by reducing the amount by 15%, from Rs.3,52,00,000.00 per acre to Rs.2,99,20,000.00 per acre, as granted by this Court, for Village Hayatpur, which is the dispute in the present case.

(3.) The defence taken by the respondents is that an application can be filed under Sec. 28(A)(3) of the Act, to refer the case to the Additional District Judge, Gurugram, on account of the fact that they have not been granted the adequate compensation.