Gian Chand v. State of Haryana & Anr.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Harkesh Manuja, Advocate for the appellant. Mr. Ashish Sharma, DAG, Haryana for the respondents. AJAY KUMAR MITTAL, J. This is an application under Section 151 of the Code of Civil Procedure for deciding the present appeal in terms of the decisions of this Court in RFA No. 1379 of 1994 decided on 29.11.2006 and RA No. 31-CI of 2007 in that appeal, decided on 31.8.2007, as the same is fully covered by them. The landowner has approached this Court by way of instant regular first appeal for enhancement of the amount of compensation awarded by the reference court. Respondent-State of Haryana vide notifications dated 23.2.1989 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 22.2.1990 under Section 6 of the Act had acquired 214.92 acres of land (on actual measurement, the land was found to be 203.03 acres only) including that of the present claimant situated within the revenue estate of C.M. No. 1217-CI of 2009 IN RFA No. 2177 of 1998 -2- villages Patti Insar Panipat and Patti Magdum Jaggan, Tehsil and District Panipat, for the public purpose, namely, development and utilization of land as residential and commercial area in Sector-17, Panipat, under the Haryana Urban Development Authority Act, 1977. The reference court had awarded compensation of the acquired land at the rate of Rs.81/- per square yard. Besides the aforesaid compensation, the landowner-claimant was held entitled to compensation to the tune of Rs.2,00,000/- on account of the construction on the acquired land, Rs.40,000/- on account of expenses incurred on earth filling and solatium at the rate of 30% as well as other statutory benefits in accordance with the provisions of Sections 23 (1- A), 23 (2) and Section 28 of the Act. The claimant has filed the instant appeal for enhancement of the compensation. Earlier, the other claimants had approached this Court by way of RFA No. 1379 of 1994 which was finally decided by this Court on

29.11.2006 granting compensation at the rate of Rs.125/- per square yard for the acquired land, but the same was subsequently reviewed in RA No. 31-CI of 2007 on 31.8.2007 whereby the error of calculation crept in judgment dated 29.11.2006 was corrected and the market value of the acquired land assessed in the aforesaid judgment was ordered to be read as Rs.139/- per square yard instead of Rs.125/- per square yard. Learned counsel for the applicant-appellant has submitted that the present case is fully covered by the aforesaid decision. Notice of this application was issued to the respondents. Learned State counsel does not dispute the contention of C.M. No. 1217-CI of 2009 IN RFA No. 2177 of 1998 -3- the learned counsel for the claimant-appellant and fairly concedes that the present appeal may be disposed of in terms of the decision dated