Punjab-Haryana High Court
Dharambir Singh And Others vs Union Of India And Others on 4 February, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1101 of 2003 (O&M)
Dharambir Singh and others ..... Appellants
vs
Union of India and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D. S. Raghu, Advocate, for the appellants.
Mr. P. K. Mutneja, Standing Counsel for U.T Chandigarh.
Rajesh Bindal J.
The landowners are in appeal before this Court against the award of the learned Court below seeking further enhancement of the compensation for the acquired land.
Briefly, the facts are that the land in Village Jhumru, Chandigarh, was acquired vide notification issued under Section 4 of the Act on 11.10.1991 for public purpose namely for the development of 3rd phase of Chandigarh, which was followed by notification under Section 6 of the Act on 10.1.1992. The award was passed by the Land Acquisition Collector (for short, `the Collector') on 8.7.1992 determining the value of the land at Rs. 1,90,000/- per acre. On reference, vide award dated 14.8.2002, the learned Reference Court enhanced the amount of compensation to Rs. 5,50,000/- per acre relying upon Single Bench judgment of this court in R. F. A. No. 2169 of 1998- Sukhpal Singh and others vs Union Territory, Chandigarh, decided on 7.10.1999, where the amount of compensation was assessed at Rs. 5,50,000/- per acre for land in the vicinity.
Learned counsel for the appellants submitted that the claim made by the appellants in the present appeal is squarely covered by the judgment of this court in R. F. A. No. 2326 of 1998 Som Nath and others vs Union Territory, Chandigarh, decided on 3.9.2008, whereby value of the land acquired vide same notification has been determined at Rs. 9,85,000/- per acre.
Learned counsel appearing for the respondents did not dispute this factual position.
Accordingly for the reasons recorded in Som Nath's case (supra), the present appeal is allowed in the same terms.
4.2.2009 ( Rajesh Bindal) vs. Judge