CWP No. 1705 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1705 of 2009 Date of decision: 11.5.2009 Rajnikant & others ...Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Anil Ksheterpal, Advocate for the petitioner. Ms. Palika Monga, AAG, Haryana -.- ADARSH KUMAR GOEL, J. (oral) 1. This petition seeks direction for payment of compensation as assessed by the Land Acquisition Collector. 2. Land of the petitioners was acquired in pursuance of notification dated 30.5.2005 under Section 4 and notification dated 22.5.2006 under Section 6 of the Land Acquisition Act, 1894. The Land Acquisition Collector made award dated 16.7.2007 determining compensation for land, in the municipal limits, @ Rs.20 lac per acre. The petitioners were paid compensation @ Rs.10 lac per acre. As per letter dated 24.10.2008, Annexure P-8, the Land Acquisition Collector stated as under:- “...As per the aforesaid award, the land of the applicants has been shown outside the municipal limits whereas, as per the report of Municipal Council contained in letter No. 563/B1 CWP No. 1705 of 2009 2 dated 28.07.2007, 562/B1 dated 28.07.2007 and 564/B1 dated 28.07.2007, received through your office, Khasra No. 33//15, 34//11, 33//6, 34//10, 35//21/2, 26//25/2, 33//5, 34//1 and 26 fall within the municipal limits.” 3. In view of above, it is submitted that the petitioners are entitled to compensation at the rate awarded for land within municipal limits. 4. Learned counsel for the State is unable to dispute the factual aspect and merely states that the petitioners should be relegated to the remedy of reference. 5. In view of admitted facts, we do not find any merit in the objection raised on behalf of the State. 6. Accordingly, we allow this petition and direct that the petitioners be paid compensation due within two months from the date of receipt of a copy of this order. 7. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE 11.5.2009 (JITENDRA CHAUHAN) mk JUDGE