Punjab-Haryana High Court
Karnail Singh And Ors vs Union Of India & Ors on 30 October, 2015
Author: Hemant Gupta
Bench: Hemant Gupta
CWP No.22988 of 2015 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.22988 of 2015
Date of decision:30.10.2015
Karnail Singh and others ....Petitioners
VERSUS
Union of India and others .....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE DEEPAK SIBAL
Present: Mr. Naresh Kaushal, Advocate for the petitioners.
Mr. Sunil Kumar Sharma, Advocate for respondent No.1.
Mr. Rishi Kaushal, Advocate for respondent No.2.
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HEMANT GUPTA, J.(Oral)
The grievance of the petitioners is that the amount of compensation awarded does not include the amount of solatium and other statutory benefits as were available under Sections 23(1-A), 23(2), 28 and 34 of the Land Acquisition Act, 1894 (for short 'the Act') in the Award No.1 dated 18.05.2010.
The petitioners rely upon a judgment of this Court in M/s Golden Iron and Steel Forgings v. Union of India and others, 2011 (4) R.C.R. (Civil) 375, wherein it has been held that benefits as are available under the Land Acquisition Act, 1894 are available in respect of acquisition of land under the National Highways Act, 1956 as well. Similar issues have been dealt with by a Division Bench of this Court such as in GULATI DIWAKER 2015.11.04 11:28 I attest to the accuracy and authenticity of this document CWP No.22988 of 2015 2 CWP No.3902 of 2015 titled Usha Rani v. Union of India and others, decided on 10.03.2015.
Learned counsel for the respondents fairly admits that the claim of the petitioners is covered by the aforesaid judgment in Usha Rani's case (supra).
In view of the said fact, the present writ petition is disposed of in the same terms as in Usha Rani's case (supra), subject to the decision of Hon'ble Supreme Court in Civil Appeal No.10695 of 2011 titled M/s Golden Iron & Steel Forgings v. Union of India and others.
(HEMANT GUPTA)
JUDGE
OCTOBER 30, 2015 (DEEPAK SIBAL)
'D. Gulati' JUDGE
GULATI DIWAKER
2015.11.04 11:28
I attest to the accuracy and
authenticity of this document