Punjab-Haryana High Court
State Of Punjab And Another vs Radha Ram And Another on 17 April, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1855 of 1990 (O&M)
State of Punjab and another ..... Appellants
vs
Radha Ram and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. O. P. Dabla, Assistant Advocate General, Punjab. Rajesh Bindal J.
The State 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.
Briefly, the facts of the case are that the State of Punjab vide notification dated 26.9.1985 issued under Section 4 of the Act, acquired the land situated within the revenue estate of Village Faridpur Raian, Tehsil Rajpura, District Patiala, for construction of Sutlej Yamuna Link Canal. The Land Acquisition Collector assessed the fair value of the land at Rs. 62,000/- per acre for chahi, Rs. 50,000/- per acre for rasoli/dakar and Rs. 35,000/- per acre for gair mumkin kind of land. On reference under Section 18 of the Act, the learned court below determined the market value of the land at Rs. 66,340/- per acre for chahi and Rs. 37,450/- per acre for gair mumkin kind of land. It is this award which is impugned in the present appeal.
A perusal of the impugned award shows that as against the compensation of Rs. 62,000/- per acre for chahi kind of land and Rs. 35,000/- per acre for gair mumkin kind of land, the learned court below had made a very meager increase therein to Rs. 66,340/- per acre for chahi kind of land and Rs. 37,450/- per acre for gair mumkin kind of land. The acquisition in the present case was made vide notification dated 26.9.1985. Considering the fact that increase is quite marginal, I do not find ground to interfere in the impugned award 24 years after the acquisition.
Accordingly, the present appeal is dismissed.
17.4.2009 ( Rajesh Bindal) vs. Judge