Punjab And Haryana High Court · 2009
Case at a glance
Outcome
Disposed of
In view of the above, the present appeal is disposed of in
Provisions considered
Judgment
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. S.P. Khatri, 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 appeal in terms of the decision of this Court in RFA No. 431 of 2000 titled as “State of Haryana and others v. Jaipal and others” decided on 1.12.2008, being covered by it. 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 17.5.1990 issued under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) and dated 16.5.1991 under Section 6 of the Act had acquired 156.61 acres of land situated within the revenue estate of village Fazilpur, Tehsil and District Sonepat, for the public purpose, namely, development and utilization of land as residential and commercial area in Sector-12, Sonepat, under the Haryana Urban Development Authority Act, 1977. The reference court had awarded compensation at the rate of Rs.120/- per square yard for C.M. No. 8415-CI of 2009 IN RFA No. 4105 of 2006 -2- the acquired land except for the land measuring 26.86 acres, which was assessed at Rs.100/- per square yard. Besides the aforesaid compensation, the landowner-claimant was held entitled to statutory benefits under the Act. Dissatisfied with the amount of compensation awarded by the reference court, 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. 431 of 2000 which was finally decided by this Court on
Operative part
1.12.2008, holding that the landowners whose land is situated on Sonepat-Bahalgarh road upto a depth of 100 meters therefrom shall be entitled to compensation @ Rs.160/- per square yard, whereas the land owners whose land is situated behind that would be entitled to compensation @ Rs.135/- per square yard. The land owners shall also be entitled to all the statutory benefits as are available under the Act. 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 same and fairly concedes that the present appeal is fully covered by the decision dated 1.12.2008 rendered by this Court in RFA No. 431 of 2000 and, therefore, may be disposed of in terms thereof. In view of the above, the present appeal is disposed of in terms of the judgment dated 1.12.2008 passed in RFA No. 431 of 2000. July 23, 2009 (AJAY KUMAR MITTAL) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the present appeal is disposed of in
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 151; Land Acquisition Act, 1894 — s. 4; Haryana Urban Development Authority Act, 1977.
Which court decided this case, and when?
Punjab & Haryana High Court, on 23 Jul 2009. The bench was AJAY KUMAR MITTAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.