High Court of Punjab and HaryanaRFA/2077/2009disposed of

Baljit Singh And ORS. v. State Of Punjab

2015-09-042 pages

RFA No. 2077 of 2009

IN THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH RFA No.2077 of 2009 (O&M) Date of Decision: 4.9.2015 Baljit Singh and others ...Appellants

Versus

State of Punjab and another .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Naresh Kaushal, Advocate, for the appellants. Mr. Nilesh Bhardwaj, Deputy Advocate General, Punjab. Mr. Rakesh Gupta, Advocate, for respondent No.2. RAJESH BINDAL, J.

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

Briefly, the facts of the case are that vide notification dated 13.11.1992 issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), the State of Punjab sought to acquire land situated within the revenue estate of village Kumbra, Tehsil Kharar, District Ropar for setting up of residential Urban Estate. The Land Acquisition Collector (for short, 'the Collector'), vide his award dated 2.12.2002 assessed the market value of the acquired land @ ` 5,60,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned Court below, vide order dated 17.8.2007, dismissed the claim petition as not maintainable. It is this award which is impugned in the present appeal.

Learned counsel for the appellants submitted that issue raised in the present appeal is squarely covered by the judgment of this court in RFA No. 2348 of 1998-- Kapoor Singh vs The State of Punjab and another, decided on 28.1.2010, whereby the compensation payable to the landowners has been further enhanced.

SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 2077 of 2009 Learned counsel for the respondents did not dispute the aforesaid factual position.

For the detailed reasons recorded in Kapoor Singh 's case (supra), the present appeal is disposed of in the same terms. (RAJESH BINDAL) JUDGE 4.9.2015 sharmila SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh