Punjab-Haryana High Court
Norata Singh And Others vs State Of Punjab And Another on 9 January, 2014
Author: Sabina
Bench: Sabina
RFA No.3115 of 1993 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RFA No.3115 of 1993 (O&M)
Date of decision : 09.01.2014
Norata Singh and others ..... Appellants
versus
State of Punjab and another ..... Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr. Animesh Sharma, Advocate for the appellant.
Mrs.Rajni Gupta, Addl.A.G.Punjab.
***
Sabina, J.
This order will dispose of RFA Nos. 3115, 3116, 3117, 3118 of 1993, 584 of 1996 and 297 of 1995, as the same have arisen out of judgment passed by the Additional District Judge dated 2.6.1993.
4-68 acres of land of village Nand Pur was acquired for construction of Pamour Distributory. Notification under Section 4 of the Land Acquisition Act, 1894 ('the Act' for short) was issued on 29.2.1988. Notification under Section 6 of the Act was issued on 2.3.1988. The Land Acquisition Collector ('the Collector' for short) passed the award granting compensation @ ` 60,000/- per acre for chahi land and ` 35,040/- per acre for gair mumkin land. The land owners sought references under Section 18 of the Act. Learned Additional Sessions Judge, vide judgment dated 2.6.1993, enhanced Devi Anita 2014.01.14 17:29 I am approving this document Chandigarh RFA No.3115 of 1993 (O&M) 2 the amount of compensation qua chahi land to the tune of ` 90,000/- per acre by relying upon the decisions Ex.A-2 and Ex.A-3, whereby the Additional District Judge had granted compensation for chahi land to the tune of ` 90,000/- per acre qua land of villages Main Majri and Kheri Bir Singh acquired for SYL Canal project.
Learned counsel for the appellants has submitted that amount of compensation granted by the Additional District Judge was on the lower side. In fact, the amount in question was liable to be enhanced.
Learned State counsel, on the other hand, has opposed the appeals and has submitted that the Additional District Judge had already enhanced the amount of compensation and no further enhancement was liable to be made qua amount of compensation.
Learned Additional District Judge, while enhancing the amount of compensation, had based reliance on the judgments Exhibit A-2 dated 18.3.1993 and Exhibit A-3 dated 9.12.1992 qua acquisition of land in villages Main Majri and Kheri Bir Singh. Vide RFA No.985 of 1993 decided on 20.4.2010, this Court enhanced the compensation qua village Kheri Bir Singh from ` 90,000/- per acre for chahi land to ` 1,15,000/- per acre. Learned Additional District Judge, while determining the compensation, had placed reliance on Exhibit A-3. This Court in RFA No.985 of 1993 has enhanced the amount of compensation qua village Kheri Bir Singh (while dealing with Ex.A-3). In these circumstances, the appellants are allowed the rate of compensation as enhanced by this Court in RFA No. 985 of Devi Anita 1993 qua chahi land from ` 90,000/- per acre as determined by the 2014.01.14 17:29 I am approving this document Chandigarh RFA No.3115 of 1993 (O&M) 3 learned Additional District Judge to ` 1,15,000/- per acre.
Appeals stand disposed of in the above terms.
(SABINA) JUDGE January 9, 2014 anita Devi Anita 2014.01.14 17:29 I am approving this document Chandigarh