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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Sukhdev Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARKESH MANUJA, J.
Vide this common order, abovementioned two Regular First Appeals, are being decided as both 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.2964-1999.
2. By way of filing the present appeal(s) challenge has been laid to the decision dated 29.05.1999 passed by the learned Additional District Judge, Kaithal (hereinafter referred to as ‘the Reference Court’).
3. Briefly stating, 0.11 acres (17 marlas) of land, situated within the revenue estate of Village Faras Majra, Tehsil and District Kaithal, was acquired by the Government of Haryana vide notifications dated 17.01.1995 (published on 14.02.1995) and 12.09.1995 (published on 31.10.1995), issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, “for construction of Faras Majra to Kheri Gulam Ali Road”. The Land Acquisition Collector (for short ‘the LAC’) vide award 24.10.1997 assessed market value in respect of the acquired land @ Rs.1,25,120/- per acre for Nehri land, besides all other statutory benefits under the Act.
4. Aggrieve
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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