Punjab-Haryana High Court
Greater Mohali Area Development ... vs Sukhdev Kumar And Others on 16 March, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
CM No. 4008-09/CI of 2008 and
R. F. A. No. 1937 of 2008 (O&M)
Greater Mohali Area Development Authority ..... Appellant
vs
Sukhdev Kumar and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjeev Sharma, Advocate, for the applicant/appellant.
Mr. Sukhwinder Singh, Advocate, for the landowners.
Mr. B. B. S. Teji, Assistant Advocate General, Punjab.
Rajesh Bindal J.
The Greater Mohali Area Development Authority- appellant is in appeal before this court 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 for the acquired land. Along with the present appeal, an application for condonation of delay of 173 days in filing the appeal has also been filed.
Briefly, the facts of the case are that the State of Punjab vide notification dated 21.2.2000 issued under Section 4 of the Act, acquired land situated in the revenue estate of Village Sohana, Tehsil and District Mohali, for development as Sectors 76 to 80 in the Urban Estate of Mohali. The Land Acquisition Collector assessed the market value of the acquired land at different rates for the land situated at different places. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land @ Rs. 17 lacs per acre.
Learned counsel for the appellant very fairly conceded that the issue raised in the present appeal is squarely covered by the judgment of this Court in RFA No. 3004 of 2006 - Surjit Singh vs State of Punjab and another decided on 2.3.2009, whereby the compensation payable for acquisition of land vide same notification has been further enhanced.
In view of this fact, the claim made in the present appeal does not survive. Accordingly, for the reasons stated in Surjit Singh's case (supra), the present appeal is dismissed. As the appeal itself is without any merit, I do not find any reason to condone the delay of 173 days in filing the appeal or implead the applicant/appellant as a party to the reference. Accordingly, the applications are also dismissed.
16.3.2009 ( Rajesh Bindal) vs. Judge