RFA/5786/2008 of BAL KISHAN Vs STATE OF HARYANA AND ANR. on 24 December 2008

R. F. A. No. 5786 of 2008 (1)

In the High Court of Punjab & Haryana at Chandigarh

R. F. A No. 5786 of 2008 (O&M)

Balkishan @ Krishan Lal

State of Haryana and another

vs

Date of decision 24.12.2008..... Appellant..... Respondents Coram:Hon'ble Mr. Justice Rajesh Bindal Present: Mr. C. B. Goel, Advocate, for the appellant.

Mr. Navneet Singh, Assistant Advocate General, Haryana.

Rajesh Bindal J.

The landowner is in appeal before this court against the orderof the learned court below seeking enhancement of compensation for theacquired land.

Briefly, the facts are that vide notification dated 9.8.2002,issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'theAct'), the State of Haryana acquired 277.36 acres of land situated within therevenue estate of Village Patti Kaisth Seth Kaithal, Tehsil and DistrictKaithal, for public purpose of development and utilisation of the land asresidential, commercial and institutional Sector-21 Kaithal. The LandAcquisition Collector (for short, “the Collector”) vide his award dated5.8.2005 assessed the market value of the land at Rs. 5 lacs per acre.Dissatisfied with the award of the Collector, the landowners/claimants filedobjections. On reference under Section 18 of the Act, the learned courtbelow vide award dated 30.11.2006, determined fair value of the acquiredland at Rs. 350/- per square yard.

Learned counsel for the landowner submitted that the issueinvolved in the present appeal is squarely covered by the judgment of thiscourt in R. F. A. No. 361 of 2007–Jiwan Dass vs State of Haryana andanother decided on 5.12.2008, whereby in the appeals arise out of the sameacquisition the impugned award therein has been set aside and the mattershave been remitted back to the Reference Court for fresh consideration.

R. F. A. No. 5786 of 2008 (2)

Learned Assistant Advocate General, Haryana, does not disputethis factual position.

For the reasons recorded in Jiwan Dass's case (supra), theappeal is disposed of in the same terms. The parties through their counselare directed to appear before the learned District Judge, Kaithal, on30.1.2009.

24.12.2008( Rajesh Bindal)vs.Judge