High Court of Punjab and HaryanaRFA/4464/2001disposed of

Kuldip Singh And ANR v. U.T.Chd

2015-09-18Mr. Justice Ramendra Jain2 pages

RFA No. 4464 of 2001

IN THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH RFA No.4464 of 2001 (O&M) Date of Decision: 18.9.2015 Kuldip Singh and another ...Appellants

Versus

Union Territory, Chandigarh .....Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. P.C. Dhiman, Advocate and Mr. Gagandeep Singh, Advocate for Ms. Ekta Thakur, Advocate, for the landowners. Mr. A.P. Setia, Advocate, for U.T., Chandigarh. RAJESH BINDAL, J.

This order will dispose of two appeals bearing RFA Nos. 4464 of 2001 and 1857 of 2002, as common questions of law and facts are involved therein.

The landowners are in appeal seeking enhancement of compensation for the acquired land.

Briefly, the facts are that vide notification dated 22.5.1992, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the Union Territory, Chanidgarh sought to acquire land situated within revenue estate of village Kajheri, U.T., Chandigarh, for rehabilitation of Labour Colony. The Land Acquisition Collector (for short, the Collector) vide award dated 27.8.1992 assessed the market value of the acquired land @ ` 2,00,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below vide awards dated 20.1.2000 and 7.1.2002, determined the market value of the acquired land @ ` 4,87,540.25 per acre. These awards have been impugned before this court seeking enhancement of compensation.

Learned counsel for the landowners submitted that the claim made in the present set of appeals is squarely covered by the judgment of this Court passed in RFA No. 87 of 2001, titled as Mohinder Singh v. Union Territory, Chandigarh, decided on 7.8.2009, whereby compensation for the land acquired vide same notification was assessed @ ` 10,12,000/- per acre. SHARMILA 2015.09.24 15:27 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 4464 of 2001 Learned counsel for U.T., Chandigarh did not dispute the aforesaid factual position.

For the detailed reasons recorded in Mohinder Singh's case (supra), the present appeals are disposed of in the same terms. (RAJESH BINDAL) JUDGE 18.9.2015 sharmila SHARMILA 2015.09.24 15:27 I attest to the accuracy and authenticity of this document.

Chandigarh