Punjab-Haryana High Court
Union Of India vs Bakhtawar Singh on 26 March, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
R.F.A. No. 3895 of 2002 (O&M)
Union of India
.. Appellant
Vs.
Bakhtawar Singh
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mrs. Lisa Gill, Advocate for the appellant. Rajesh Bindal J.
Union of India is in appeal against the award of the learned court below seeking reduction of compensation for the trees existing on the acquired land awarded by the learned court below.
Briefly, the facts are that vide notification dated 10.12.1991, issued under Section 4 of the Land Acquisition Act, 1984 (for short, `the Act'), Union Territory, Chandigarh acquired the land in question within the revenue estate of village Jhumru. The Land Acquisition Collector (for short, `the Collector') assessed the compensation for super-structures and trees existing on the acquired land. Dissatisfied with the award of the Collector, the land owner filed objections. On reference under Section 18 of the Act, the learned court below granted 62% increase on the value of the trees, as was assessed by the Collector.
A perusal of the impugned award shows that the value of fruit bearing trees standing on the acquired land was assessed as per Dr. Nijjar's formula. The assessment in terms of that formula was as in the year 1985. The acquisition in the present case was carried out in the year 1991. The price index in the year 1985 was 127.2, which increased to 201.4 in the year 1991. Considering the aforesaid increase in the price index, in terms of the law laid down by this Court, the learned court below granted increase @ 62% on the value so assessed as per Dr. Nijjar's formula, which cannot be faulted with.
Accordingly, the present appeal is dismissed.
(Rajesh Bindal) Judge March 26 ,2009 mk