HARI SINGH Vs. STATE OF HARYANA
LAWS(P&H)-2011-3-301
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 28,2011

Hari Singh and Ors. Appellant
VERSUS
State of Haryana and Anr. Respondents

JUDGEMENT

Rajesh Bindal, J. - (1.) THIS order shall dispose of RFA Nos. 2453 to 2474 of 2010, as the same arise out of common acquisition.
(2.) THE landowners are in appeal before this Court against the award of the learned Court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that the State of Haryana vide notification dated 24.3.2003, issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act'), sought to acquire land falling in the revenue estates of villages Tarkanwali Nathusari Khurd, Nathusari Kalan, Darba Kalan, Manak Diwan, Rupana, Randhawa, Nirvan, Bakrianwali, Gudia Khera, Modia Khera, Liwalwali, Madhosinghana, Mangala, Moujdin and Ottu, District Sirsa for excavation of Hisar Ghaggar Drain from RD 0 to 109000 out falling at RD 5400 left River Ghaggar Drain Down, Stream Ottu Weir in District Sirsa. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the acquired land of different villages at different rates. The land owners/claimants feeling dissatisfied with the quantum of compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned Court below enhanced the compensation of the acquired land. It is this award which is impugned in the present set of appeals.
(3.) LEARNED Counsel for the landowners submitted that the issue raised in the present set of appeals is squarely covered by the judgment of this Court in RFA No. 3733 of 2007 - Subhash Chand alias Subhash Chander v. State of Haryana and Anr. decided on 14.1.2010, whereby the award of the learned Court below regarding determination of fair value of acquired land was upheld. However, the matter was remitted back to the Court below for determination of compensation on account of severance.;


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