Punjab-Haryana High Court
The State Of Punjab vs Sajjan Singh And Others on 25 August, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 194 of 1994 (O&M)
The State of Punjab ..... Appellant
vs
Sajjan Singh and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
Mr. Munish Gupta, Advocate, for the respondents.
Rajesh Bindal J.
The State of Punjab is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction in compensation for the acquired land.
Briefly, the facts of the case are that vide notification dated 3.10.1985 issued under Section 4 of the Act, the State of Punjab acquired the land situated within the revenue estate of Village Ramgarh, Hadbast No. 293, Tehsil and District Ropar, for construction of Sutlej Yamuna Link Canal. The Land Acquisition Collector vide his award dated 5.7.1986 assessed the fair value of the land @ ` 72,500/- per acre for chahi, ` 50,000/- per acre for barani, ` 45,000/- per acre for banjar qadim, and ` 40,000/- per acre for gair mumkin kind of land. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land on the basis of a settlement arrived at between the landowners and the then Chief Minister of Punjab, according to which the value of the acquired land was assessed @ ` 1,00,000/- per acre for chahi and ` 60,000/- per acre for gair mumkin kind of land. It is this award which is impugned in the present appeal.
Since the market value of the acquired land was assessed by the learned court below on the basis of a settlement arrived at between the landowners and the State of Punjab, the appeal filed by the State is not maintainable.
Accordingly, the appeal is dismissed.
25.8.2010 (Rajesh Bindal) vs. Judge