Haryana State v. Kalu Ram

Smt. Janak Dulari Versus State of Haryana ..... Appellant ..... Respondent (24) R.F.A. No. 248 of 2002 (O&M) Gulab Kaur and others Versus The State of Haryana and another ..... Appellants ..... Respondents (25) R.F.A. No. 2109 of 2002 (O&M) Om Parkash ..... Appellant Versus The State of Haryana and another (26) R.F.A. No. 2110 of 2002 (O&M) Avadh Behari and another ..... Respondents Versus The State of Haryana and another ..... Appellants ..... Respondents (27) R.F.A. No. 3403 of 2002 (O&M) Sarla Devi ..... Appellant Versus The State of Haryana and others ..... Respondents (28) R.F.A. No. 4450 of 2003 (O&M) Lachhman Singh and others Versus Haryana State and another ..... Appellants ..... Respondents (29) R.F.A. No. 2020 of 2004 (O&M) Karan Singh and others ..... Appellants Versus The State of Haryana ..... Respondent R. F. A No. 1494 of 1997 -5- (30) R.F.A. No. 273 of 2005 (O&M) Narender Kumar and others Versus State of Haryana ..... Appellants ..... Respondent (31) R.F.A. No. 2563 of 2005 (O&M) Dushyant Kumar and another ..... Appellants Versus State of Haryana and others (32) R.F.A. No. 2846 of 2005 (O&M) ..... Respondents Vashisht Kumar Versus State of Haryana and others ..... Appellant ..... Respondents (33) R.F.A. No. 2914 of 2006 (O&M) Dushyant Kumar and another Versus State of Haryana and others ..... Appellants ..... Respondents (34) R.F.A. No. 1697 of 2007 (O&M) Atam Parkash and others ..... Appellants Versus State of Haryana and others ..... Respondents (35) R.F.A. No. 283 of 2009 (O&M) Hardwari Lal State of Haryana and another Versus ..... Appellant ..... Respondents (36) R.F.A. No. 2031 of 2009 (O&M) Lakhvinder Singh ..... Appellant Versus The State of Haryana and others ..... Respondents R. F. A No. 1494 of 1997 -6- (37) R.F.A. No. 4295 of 2009 (O&M) Madhu Gupta and another ..... Appellants Versus Haryana State and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vinod Gupta, Advocate, Mr. Sharad Kumar Yadav, Advocate and Mr. S. S. Kaliramna, Advocate for Mr. B. S. Rana, Advocate, for the landowners/appellants in RFA Nos. 805, 955 of 2000, 2320 of 2001, 2563, 2846 of 2005, 2914 of 2006 and 4295 of 2009 Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. This order shall dispose of the aforesaid appeals, as the same arise out of common acquisition. The landowners are in appeal before this court against the award of the learned court below under the Land Acquisition Act, 1984 (for short, “the Act”) seeking further enhancement of compensation for the acquired land whereas the State of Haryana is seeking reduction in compensation. Briefly, the facts are that the State of Haryana vide notification dated

8.3.1989 issued under Section 4 of the Act, acquired land situated within the revenue estates of Villages Dhanwapur, Gurgaon, Basai and Khadipur, Tehsil and District Gurgaon, for development and utilisation thereof as residential and commercial area, Sectors 9, 9-A, and 10 Gurgaon. The notification under Section 6 of the Act was issued on 7.3.1990. The Land Acquisition Collector assessed the market value of the land situated in Villages Dhanwapur, Gurgaon and Khadipur @ Rs. 2 lac per acre and the market value of the land situated in Village Basai was assessed @ Rs. 1.60 lacs per acre falling under the brick kiln and Rs. 2 lac per acre for the remaining land. On reference under Section 18 of the Act, the learned court below, determined the market value of the acquired land @ Rs. 150/- per square yard. Learned counsel for the parties fairly submitted that the issue raised in the present set of appeals is squarely covered by the judgment of this court in RFA No. 1767 of 1995 – State of Haryana and another vs Om Parkash and others, decided on 25.7.1997, whereby the award of the learned court below for acquisition of land for Sectors-9, 9-A and 10, Gurgaon, was upheld, which was R. F. A No. 1494 of 1997 -7- further followed in RFA No. 1737 of 2000- State of Haryana and another vs Sohan Lal and another, decided on 16.9.2008. A perusal of aforesaid judgment shows that issue dealt with therein was regarding determination of fair value of the land acquired vide notification dated 8.3.1989. Since this court had upheld the award of the learned court below, the appeals filed by the State for reduction in compensation and that of the landowners for enhancement do not survive. Accordingly, for the detailed reasons recorded in Om Parkash's case (supra), the appeals bearing RFA Nos. 805, 955 of 2000, 2320 of 2001, 2563, 2846 of 2005, 2914 of 2006 and 4295 of 2009 filed by the landowners and the appeals filed by the State of Haryana, are dismissed. However, where no one has appeared for the appellants in appeals filed by the landowners, the same are dismissed in default.

7.4.2010 vs. ( Rajesh Bindal) Judge