CIVIL APPEAL 854 of 1996 on 21 March 1991

R. F. A No. 854 of 1996 (O&M)

Mandir Nar Singh Puri

Karnail Singh

vs

..... Appellant.... Respondent

Coram:Hon'ble Mr. Justice Rajesh Bindal

Present: None for the appellant.

Mr. Ajay Jain, Advocate, for the respondent.

Rajesh Bindal J.

The landowner has filed the aforesaid appeal against theapportionment of the compensation awarded for the acquired land.

Briefly, the facts of the case are that the State of Haryana videnotification dated 21.3.1991 issued under Section 4 of the Land Acquisition Act,1894 (for short 'the Act') acquired land situated within the area of Hadbast No.146, Tehsil and District Hisar, for development and utilization thereof asresidential sector 16 and parts of Sectors 11, 13, 15 and 17 of Hisar. The LandAcquisition Collector assessed the compensation vide his award dated 16.3.1994.Dissatisfied with the award of the Collector, the objections were filed. Onreference, the learned Court below apportioned the compensation @ 1/3[rd ]and 2/3[rd]between tenant and the landowner, respectively. It is this award which is impugnedin the present appeal.

No one has appeared for the appellant.

Learned counsel for the respondent submitted that the issue regardingpercentage of compensation to be shared by the tenant and the owner has alreadybeen dealt with by this court in RFA No. 3300 of 1993 –Mandir Narsingh Puri,Hisar vs Chandu and othersdecided on 31.1.2007 and apportionment of 1/3[rd] and2/3[rd] between tenant and the owner unde similar circumstances, has been upheld. As the issue raised in the present appeal has already been decided bythis court in the aforesaid judgment, prima facie, I find no merit in the appeal.However, as no one has appeared for the appellant, this court had no other optionbut to dismiss the appeal in default.

Ordered accordingly.