Punjab-Haryana High Court
Surinder Kaur vs Punjab State And Another on 7 February, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A No. 3830 of 2007 -1-
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 3830 of 2007 and
Cross-objection No. 7/CI of 2009 (O&M)
Date of decision : 7.2.2011
Surinder Kaur ..... Appellant
vs
Punjab State and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Naresh Kaushal, Advocate, for the landowners.
Mr. Yatinder Sharma, Deputy Advocate General, Punjab. Mr. Manish Bansal, Advocate, for the PUDA in RFA No. 2966 of 2010.
Rajesh Bindal, J This order shall dispose of RFA Nos. 3830 of 2007, 2833, 2834, 3118 of 2008, and 2966 of 2010 and cross-objection no. 7/CI of 2009, as common questions of law and facts are involved.
By filing the appeals, the landowners are seeking enhancement of compensation for the acquired land, whereas by appeal and cross- objections, the PUDA is seeking reduction thereof.
Briefly, the facts are that land situated within the revenue estate of Villages Anandpur Sahib, Mataur and Lodhipur, District Ropar, was acquired by the Sate of Punjab vide notification dated 12.11.1997 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), for setting up of an Urban Estate at Anandpur Sahib. The Land Acquisition Collector (for short, 'the Collector') assessed compensation for the acquired land at the following rates:-
Kind of land Rate per acre in ` Chahi/ nehri 3,00,000/- Barani/ banjar zadid/ kadim 1,95,000/- Gair mumkin pahar/ choe/khad 65,000/-
Gair mumkin abadi area which is under abadi within 4,55,000/- municipal limits or Lal Dora or out of the Municipal limit or Lal Dora but within 40 karams from this limit Lal Dora Gair mumkin house which is outside the limit but 4,55,000/- under the house only for that khasra number.
R. F. A No. 3830 of 2007 -2-Aggrieved against the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below on the basis of material placed on record by the parties, determined the fair value of the acquired land @ ` 12,000/- to ` 24,200/- per marla. It is this award which is challenged before this court.
Learned counsel for the landowners very fairly conceded that the issues raised in the present set of appeals are squarely covered by judgment of this court in RFA No. 2269 of 2005 Baldev Singh vs State of Punjab decided on 28.10.2010, whereby the award of the court below was upheld.
Learned counsel for the State and the PUDA did not dispute the aforesaid factual position.
Accordingly for the reasons recorded in Baldev Singh' s case (supra), the present appeals and cross-objections are dismissed.
7.2.2011 (Rajesh Bindal) vs. Judge