State Of Punjab And Others v. Bohro Thr Lrs Vidya Devi And Anrand ORS

Cross-Objection No.137-CI of 2015 in RFA No.1481 of 2001 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cross-Objections No.137-CI of 2015(O&M) in RFA No.1481 of 2001 Date of decision: 6.11.2015 Punjab State and others ..... Appellants

Versus

Bohro (deceased) through LRs and others .....Cross-Objectors/Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. R. S. Manhas, Advocate, for the cross-objectors. RAJESH BINDAL, J By filing the cross-objections, the landowners are seeking enhancement of compensation for the acquired land. Brief facts of the case are that the State of Punjab vide notification dated 23.12.1994, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') sought to acquire land situated within the revenue estates of villages Phangota, Teeka Chibber, Teeka Kataal, Sarti- Teeka, Patralwan, Teeka Tanoh, Darbanh Teeka Chownd, Dukhniali Teeka Sarowali, Barsudhal Teeka Mothwan, Teeka Sudhal, Teeka Karoon, Teeka Phagli, Bhamlada Teeka Panjala, Phagali Teeka Kangwan, Tehsil Dhar Kalan, District Gurdaspur, for use as reservoir area of Ranjit Sagar Dam Project. Notification under Section 6 of the Act was issued on 20.10.1995.

The Land Acquisition Collector (for short, 'the Collector') vide award dated 26.11.1997, determined the market value of the acquired land. The landowners feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below vide its award dated 23.2.2000, determined the market value of the land @ ` 1,30,000/- per acre for Chahi/Gair Mumkin Abadi; ` 1,05,000/- per acre for Barani-I and II; ` 63,000/- per acre for Barani-III, ` 31,500/- per acre for Banjar Jadid and Banjar Qadim and ` 25,000/- per acre for Gair Mumkin kind of land. It is this award which is impugned by the landowners SHARMILA 2015.11.16 15:19 I attest to the accuracy and authenticity of this document.

Chandigarh

Cross-Objection No.137-CI of 2015 in RFA No.1481 of 2001 -2by filing the cross-objections.

Learned counsel for the landowners very fairly submitted that claim for enhancement of compensation for the acquired land was declined by this Court vide judgment dated 16.9.2015 in RFA No.897 of 1996Punjab State and others v. Ram Singh and others . He prayed that the crossobjections be also decided in terms of Ram Singh's case (supra), whereby, the award of the learned reference court, was upheld. Since the award of the learned court below has already been upheld by this Court, nothing survives in the cross-objections. Accordingly, for the reasons mentioned in Ram Singh's case (supra), the cross-objections filed by the landowners are dismissed.

(RAJESH BINDAL) JUDGE 6.11.2015 sharmila SHARMILA 2015.11.16 15:19 I attest to the accuracy and authenticity of this document.

Chandigarh