HARBANS LAL AND OTHERS Vs. STATE OF HARYANA AND ANOTHER
LAWS(P&H)-2012-7-211
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 20,2012

Harbans Lal and others Appellant
VERSUS
State Of Haryana And Another Respondents

JUDGEMENT

- (1.) The appeal is for enhancement of compensation for acquisition of the land of the appellant to an extent of 5 kanal 7 marlas in village Bawanikhera. The purpose of acquisition was use of the property for laying a bypass road. The notifications under Section 4 and 6 were respectively issued on 12.01.1989 and 26.07.1989. The possession had been taken even prior to the notifications in the year 1978 itself.
(2.) Against the assessment of value of the property at Rs. 60/- per sq. yard by the Collector, the reference Court increased it to Rs. 80/- per sq. yard. The appellant relied essentially on a transaction of an inter-departmental sale namely of a Municipal Committee to Telecommunication department of a property which the appellant claimed to be in its proximity at Rs. 200/- per sq. yard. He also relied on a transaction of sale in yet another place of house site with construction thereon, which had also been sold for Rs. 200/- per sq. yard.
(3.) The State relied on transactions of sale exhibited as R8 to R13 that dealt with farther east of the properties acquired of various parcels of land that spell out prices ranging between Rs. 40/- to Rs. 60/- per sq. yard. The reference Court on an overall assessment of the documents assessed the value of the property at Rs. 80/- per sq. yard. Against this assessment, the present appeal has been filed for enhancement.;


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