RFA No. 2918 of 2006

(1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RFA No.2918 of 2006 (O&M)

Date of decision : 03.12.2015

Prem and others

... Appellants

vs

State of Haryana

.. Respondent

Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. R.N. Lohan, Advocate,

Mr. Munish Kumar Garg, Advocate,

Mr. Amit Kumar Jain,

Ms. Anita Balyan, Advocate,

Mr. Suresh Ahlawat, Advocate,

Mr. Amit Kumar Jain, Advocate for

Mr. S.N Pillania, Advocate,

Mr. S.K. Verma, Advocate and

Mr. Sunil Kumar Bhardwaj, Advocate, for the landowners.

Mr. Abhinash Jain, Assistant Advocate General, Haryana.

Rajesh Bindal, J.

This order will dispose of a bunch of appeals bearing RFA

Nos.2918, 2920 of 2006, 3683 of 2007, 462 to 476, 519, 602 to 608, 811,

841 to 846, 926, 1207, 1505, 1506, 1866 to 1870, 1903 to 1905, 1945, 1948,

1950, 1966, 2001, 2070 to 2072, 2149, 2153, 2640 to 2643, 2797 to 2800,

2851, 2854, 4734, 4845, 5393, 6556, 6627 to 6630, 7209, 7241 of 2012,

688 to 691, 4309, 7192, 7193, 9136 and 10357 of 2014, as common

questions of law and facts are involved therein.

By filing the appeals, the landowners are only seeking

enhancement of damages on account of bifurcation of their land.

Briefly, the facts of the case are that State of Haryana vide

notification dated 30.8.2000 published on 31.8.2000, issued under Section 4

of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire

land measuring 161 kanals 2 marlas situated in villages Gatauli, Bura

Dehar, Kinana, Samlo Khurd, Anupgarh, Biroli, Radhana, Brah Khurd, Brah

Kalan, Kharak Ramji, Sewaha, Pillu Khera, Kalwa and Bhuran, Tehsil and

SHARMILA

2016.01.05 16:34

I attest to the accuracy and

authenticity of this document.

Chandigarh

RFA No. 2918 of 2006

(2)

District Jind for construction of Kalwa-Kinana Drain. The same was

followed by notification dated 12.1.2001 published on 15.1.2001, issued

under Section 6 of the Act. The Land Acquisition Collector (for short, 'the

Collector'), vide his different awards, assessed the market value of the

acquired land as under:-

Name of

Village

Compensation for the acquired land in ` (per acre)

Nehri

Barani

Near National

Highway

Gair Mumkin

Gatauli

1,50,000/-

75,000/-

-

-

Bura Dehar

1,50,000/-

75,000/-

-

-

Kinana

1,80,000/-

-

3,00,000/-

-

Samlo Khurd

1,50,000/-

-

-

-

Anupgarh

1,50,000/-

-

-

-

Biroli

1,50,000/-

-

-

-

Radhana

1,70,000/-

-

2,50,000/-

3,00,000/-

Brah Khurd

1,50,000/-

-

2,00,000/-

-

Brah Kalan

1,50,000/-

-

-

3,00,000/-

Kharak Ramji

1,50,000/-

-

-

-

Sewaha

1,50,000/-

70,000/-

-

3,00,000/-

Pillu Khera

1,50,000/-

-

-

-

Kalwa

1,50,000/-

-

-

2,50,000/-

Bhuran

1,50,000/-

-

-

-

Aggrieved against the awards of the Collector, the landowners

filed objections which were referred to the learned court below, who

keeping in view the material placed on record by the parties, assessed the

market value of the acquired land as under:-

Name of

Village

Compensation for the acquired land in ` (per acre)

Nehri

Barani

Near National

Highway

Gair Mumkin

Gatauli

3,00,000/-

1,40,000/-

-

-

Bura Dehar

3,00,000/-

-

-

-

Kinana

-

-

-

-

Samlo Khurd

3,00,000/-

-

-

-

Anupgarh

3,00,000/-

-

-

-

Biroli

3,00,000/-

-

-

-

Radhana

4,00,000/-

-

5,00,000/-

-

Brah Khurd

-

-

-

-

Brah Kalan

3,00,000/-

-

-

-

SHARMILA

2016.01.05 16:34

I attest to the accuracy and

authenticity of this document.

Chandigarh

RFA No. 2918 of 2006

(3)

Name of

Village

Compensation for the acquired land in ` (per acre)

Kharak Ramji

3,00,000/-

-

-

-

Sewaha

3,00,000/-

1,40,000/-

-

5,00,000/-

Pillu Khera

-

-

-

-

Kalwa

3,00,000/-

-

-

2,50,000/-

Bhurain

-

-

-

-

These awards had been impugned before this Court. Earlier this

Court vide order dated 2.2.2011 passed in RFA No.2106 of 2006—State of

Haryana v. Banwari and others, remitted the cases back to the learned court

below for taking decision afresh. On remand, the learned court below vide

different awards, assessed the market value of the acquired land @ `

3,05,00