Punjab-Haryana High Court
The State Of Punjab vs Kehar Singh (Deceased) And Another on 21 December, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 336 of 2001 1
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
RFA No. 336 of 2001 (O&M)
Date of Decision: 21.12.2011
The State of Punjab
...Appellant
Versus
Kehar Singh (deceased) and another
.....Respondents
CORAM: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Ashok Aggarwal, Advocate General, Punjab with
Mr. Alok Jain, Additional Advocate General, Punjab and
Mr. Gurpreet Singh, Advocate for the appellant.
.....
RAJESH BINDAL, J.
This order will dispose of four appeals bearing RFA Nos. 336, 340, 343, 346 of 2001, as common questions of law and facts are involved therein.
The State is in appeal seeking reduction of compensation awarded by the learned court below to the landowner(s) for the acquired land.
Brief facts of the case are that land measuring 331.42 acre situated in the revenue estate of village Kumbra was sought to be acquired by State of Punjab for the purpose of setting up of residential Urban Estate in the area of Tehsil Kharar, District Roper vide notification, issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), on 12.11.1992. The Land Acquisition Collector (for short "the Collector") vide his award dated 22.2.1995 assessed the market value of the land @ ` 1,75,000/- per acre for all kinds of land in addition to compensation for trees, structures and tube-wells etc. The landowners feeling dissatisfied with the award of the Collector, filed reference under Section 18 of the Act. The RFA No. 336 of 2001 2 learned court below assessed the market value of the acquired land @ ` 5,60,000/- per acre.
Learned counsel for the State very fairly stated that the claim in the present set of appeals is squarely covered by the judgment of this Court in RFA No. 2348 of 1998, decided on 28.01.2010 titled as Kapoor Singh Vs. The State of Punjab and another,, whereby this Court enhanced the compensation for the acquired land @ ` 7,80,000/- per acre For the detailed reasons recorded in Kapoor Singh's case (supra), no case for reduction in the compensation is made out. Accordingly the appeals are dismissed.
(RAJESH BINDAL) JUDGE 21.12.2011 sharmila