Punjab-Haryana High Court
State Of Punjab vs Beant Singh (Deceased) Through Lrs And ... on 24 December, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
Cross -objection No. 46/CI of 2009 (1)
in RFA No. 3050 of 2006
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Cross -objection No. 46/CI of 2009 (O&M)
in RFA No. 3050 of 2006
Date of Decision: 24.12.2010
State of Punjab .... Appellant
vs
Beant Singh (deceased) through LRs and others .... Respondents
Coram : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr. Naresh Kaushal, Advocate, for the cross-objector/respondents.
Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
RAJESH BINDAL, J
The landowners have approached this court by filing the cross-
objections in the appeal filed by the State seeking enhancement of compensation
for the acquired land.
Briefly the facts are that vide notification dated 17.7.1997 issued
under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') State of
Punjab acquired land situated in village Lodhipur, Tehsil Anandpur Sahib, District
Rupnagar, for setting up of new Urban Area. The Land Acquisition Collector (for
short, 'the Collector') determined the market value of the acquired land at the
following rates:-
Sr. No. Kind of land Rate per acre in Rates for land
` situated within 40
karams of the road
in `
.................................................................................................................
1. Chahi/Nehri 3,00,000/- 4,50,000/-
2. Barani/Banjar 1,95,000/- 2,93,500/-
Zadid, Kadim
3. Gair Mumkin Pahar 65,000/- 97,500/-
choe/khad
4. Gair Mumkin abadi 4,55,000/- No additional which is under abadi benefit within municipal limit or Lal Dora or out of the Municipal limit or Lal Dora but within 40 karams from this limit or Lal Dora.
5. Gair Mumkin House/abadi 4,55,000/-
which is outside the limit but under the house only for that khasra No. Cross -objection No. 46/CI of 2009 (2) in RFA No. 3050 of 2006 Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 14,100/- per marla. It is this award which is impugned by the landowners by filing the cross-objections.
Learned counsel for the landowners submitted that the main appeal was disposed of vide judgment dated 28.10.2010 in terms of detailed judgment in RFA No. 2269 of 2005 -Baldev Singh vs State of Punjab, however, inadvertently the cross-objections filed by the landowners in the appeal remained pending.
Aforesaid fact is not disputed by the learned counsel for the State. Accordingly, for the reasons mentioned in the aforesaid judgment, the cross-objections filed by the landowners are also disposed of in terms of aforesaid judgment.
24.12.2010. (Rajesh Bindal) vs. Judge