Punjab-Haryana High Court
Union Of India vs Jagdev Singh on 16 March, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 211 of 1989 (O&M)
Union of India ..... Appellant
vs
Jagdev Singh ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: None. Rajesh Bindal J.
Union of India has filed the present appeal against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction of compensation awarded to the landowners for the acquired trees.
Briefly, the facts are that land along with superstructures/ trees situated in village Maloya, Union Territory Chandigarh was sought to be acquired by Chandigarh Administration vide notification dated 30.8.1980 issued under Section 4 of the Act, for setting up of additional market yard for the benefits of producers, farmers, consumers and to set up 2nd Grain Fruit and Vegetable Market in Sector 39, Chandigarh. Notification under Section 6 of the Act was issued on 19.4.1982. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the trees standing on the acquired land vide award dated 13.5.1983. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired orchard trees at ` 2,43,250/- and ` 50,000/- for the popular trees. It is this award which is impugned by the Union of India in the present appeal.
The case was called twice. However, no one has appeared on behalf of Union of India in support of the claim made in the appeal. It seems that the appellant is not interested in pursing the appeal. Accordingly, the same is dismissed in default.
16.3.2011 (Rajesh Bindal) vs. Judge