Punjab-Haryana High Court
Punjab State And Others vs Diwan Chand And Others on 23 December, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 2736 of 2006 (1)
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 2736 of 2006 (O&M)
Date of decision : 23.12.2011
Punjab State and others ... Appellants
vs
Diwan Chand and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashok Aggarwal, Advocate General, Punjab with Mr. Alok Jain, Additional Advocate General, Punjab.
Mr. R. S. Manhas, Advocate, for the landowners.
Rajesh Bindal J.
This order shall dispose of appeals bearing RFA Nos. 2736, 2737, 2741, 2747, 2749, 2751, 2753, 2756, 2758, 2761, 2763 of 2006 and Cross-objection Nos. 133/CI, 135/CI to 144/CI of 2011, as common questions of law and facts are involved in these appeals.
The State of Punjab has filed appeals seeking reduction of compensation awarded to the landowners for the acquired land whereas by filing cross-objections, the landowners are seeking enhancement thereof.
Brief facts of the case are that land situated in the revenue estates of villages Darkua Bangla Khas, Godhwan, Katal, Gulial, Dalial and Chibber was sought to be acquired by the State of Punjab for the purpose of Reservoir of Ranjit Sagar Dam Project vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), on 17.08.1995. The Land Acquisition Collector (for short "the Collector") vide award dated 25.8.1998 determined the value of the different quality of land pertaining to different villages. The same is extracted below:-
RFA No. 2736 of 2006 (2)Award dated: 25.8.1998 (Amount in ` per acre) Name of Chahi Abi B-I B-II B-III B-Qdm. G.M. G.M. village abadi Darkua - 60,000/- 48,000/- 43,200/- 36,000/- 18,000/- 12,000/- 60,000/- Bangla Khas Darkua 60,000/- 60,000/- 48,000/- 43,200/- 36,000/- 18,000/- 12,000/- 60,000/- Bangla Tika Godhwan Phangota - 60,000/- 48,000/- 43,200/- - 18,000/- - 60,000/- Tika Katal Phangota - 60,000/- 43,200/- 43,200/- - - - 60,000/-
Tika Gulial Phangota - - - 43,200/- - - - - Tika Dalial Phangota - - - 43,200/- - 18,000/- - - Tika Chibber
Learned counsel for the landowners submitted that in a bunch of appeals, which were decided by this Court vide order dated 27.9.2011 in RFA No. 1006 of 2010 titled as Punjab State and others Vs. Usha Rani pertaining to acquisition of land vide same notification and for the same purpose, this Court upheld the award of the learned court below assessing compensation of the acquired land @ ` 1,600/- per marla.
Learned counsel for the State did not dispute the aforesaid factual position.
For the detailed reasons recorded in Usha Rani's case (supra), the present bunch of appeals is disposed of in the same terms.
23.12.2011 (Rajesh Bindal) vs. Judge