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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
State of Haryana – Appellant
Versus
Prahladi Devi – Respondent
JUDGMENT :
HARKESH MANUJA, J.
Vide this common order, a bunch of 13 Regular First Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.2553-2004.
2. By way of filing the present appeal(s), challenge has been laid to the decision dated 30.08.2004 passed by the learned Additional District Judge, Faridabad, (for short the ‘Reference Court’); whereby the reference petition filed on behalf of the respondents/landowners for enhancement of compensation was partly allowed.
3. Briefly stating, 2.36 acres of land, situated in Village Baswa, H.B. No. 98, Tehsil Hodal, District Faridabad, was acquired by the Government of Haryana vide notifications dated 09.06.1998 (published on 12.06.1998) and 26.06.1998 (published on 24.07.1998), issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short, 'the Act'), respectively, for public purpose i.e. for ‘construction of Baswa Link Drain’. The Land Acquisition Collector (for short ‘the LAC’) vide award dated 24.09.1998 assessed market value in
Compensation for acquired land must be determined based on comparable market values and the advantages associated with location, without undue deductions for development costs.
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