Punjab-Haryana High Court
Punjab State And Others vs Geeta Devi on 20 December, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
R.F.A. No. 274 of 1993 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
R.F.A. No. 274 of 1993 (O&M)
Date of decision: 20.12.2011
Punjab State and others
.. Appellants
Vs.
Geeta Devi
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Ashok Aggarwal, Advocate General, Punjab with
Mr. Alok Jain, Addl. Advocate General, Punjab.
...
Rajesh Bindal J.
This order will dispose of R.F.A. Nos. 274 to 277 of 1993, as common questions of law and facts are involved.
The State is in appeal seeking reduction of compensation awarded to the land owners by the learned court below for the acquired land.
Briefly, the facts of the case are that vide notification dated 30.10.1986, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Punjab sought to acquire 223 kanals and 16 marlas of land, situated in villages Hardosaran, HB No. 401, Tikka Ralla of village Dhar Kalan HB No. 400 and Tikka Atharwan of village Phangota HB No. 403, Tehsil Pathankot, District Gurdaspur for Ranjit Sagar Dam project. The Land Acquisition Collector (for short, `the Collector') assessed compensation @ ` 12,000/- per acre for Barani-II kind of land and ` 2,000/- per acre for Gair Mumkin kind of land for village Hardosaran which is subject matter of appeals. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under R.F.A. No. 274 of 1993 [2] Section 18 of the Act, the learned court below assessed compensation @ ` 22,400/- per acre for Barani kind of land and ` 16,600/- per acre for other kinds of land.
Heard learned counsel for the State and perused the relevant record.
The acquisition of land in the present set of appeals is for the purpose of Ranjit Sagar Dam project. The total acquisition pertaining to three villages is 223 kanals and 16 marlas. The Collector had assessed compensation for Barani-II kind of land @ ` 12,000/- per acre and for Gair Mumkin kind of land @ ` 2,000/- per acre. The learned court below assessed compensation for Barani kind of land @ ` 22,400/- per acre and for other kinds of land @ ` 16,600/- per acre. The area per acre of land is shown to be equal to 10 kanals and 10 marlas. The status of any other appeal arising out of the acquisition is not available. Subsequent to the acquisition in question, vide notification dated 7.8.1995, the land was acquired in the neighbouring villages for the purpose of use as reservoir of Ranjit Sagar Dam, where award of the Collector ranged from ` 10,000/- to ` 50,000/- per acre for different qualities of land which was enhanced to ` 1,600/- per marla by the court below and the award was upheld by this court in RFA No. 1006 of 2010--Punjab State and others vs. Usha Rani, decided on 27.9.2011.
Considering the aforesaid facts, in my opinion, no case for interference is made out in the present appeals. Accordingly, the same are dismissed.
( Rajesh Bindal ) Judge 20.12.2011 mk