ANOOP KUMAR Vs. STATE OF HARYANA
LAWS(P&H)-2008-9-122
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 03,2008

ANOOP KUMAR Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

AJAI LAMBA, J. - (1.) THIS is a bunch of 22 Regular First Appeals requiring the Court to assess the market value of land falling in Revenue Estate of Village Jagadhari, District Yamuna Nagar, as on 4.6.1997 i.e. the date of publication of the notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'). While the claimants have come up in appeal claiming enhancement of compensation in Regular First Appeal Nos. 476 to 478 of 2004, 1201, 1233 to 1235 and 1238, of 2005, the State of Haryana and Haryana Urban Development Authority (for short 'HUDA') have filed Regular First Appeal Nos. 432 to 434, of 2004 and 836 to 845 of 2005, praying for reduction in the compensation awarded by the reference court.
(2.) FOR facts, First Appeal No. 476 of 2004 (Anoop Kumar etc. v. State of Haryana and others) is being taken up. A brief history leading to the acquisition proceedings for which market value is required to be assessed, is required to be given. On 20.8.1980 (Exhibit P8), a notification under Section 4 of the Act, for acquisition of 700 acres of land falling in Revenue Estates of Villages Jagadhri, Garhi Mundon, Gobindpura, Tejli and Gobindpuri, was issued. The public purpose for which the acquisition was proposed was for development of land for residential and commercial purposes, by HUDA. The land of the claimants' herein was also notified for acquisition. Notification/declaration under Section 6 of the Act was published on 13.7.1982 (Exhibit P9). The land of the claimants, however, was released. On the remaining land, Sector 17, Jagadhri, has been developed.
(3.) WITH regard to the land of the claimants, fresh acquisition proceedings were initiated through publication of notification under section 4 of the Act, on 4.6.1997. The land of the claimants falls in Revenue Estate of Village Jagadhri and the area proposed to be acquired is 4.21 acres. The notification under Section 4 of the Act also proposed acquisition of land measuring 2.60 acres falling in the Revenue Estate of Village Garhi Mundon. The public purpose for acquisition is for the development and utilization of land as residential, commercial and industrial area for Sectors 17 and 18, Jagadhri.;


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