Punjab-Haryana High Court
Union Of India And Another vs Uttam Chand And Another on 8 December, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
R.F.A. No. 863 of 1990 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: 8.12.2011
(1) R.F.A. No. 863 of 1990 (O&M)
Union of India and another
.. Appellants.
Vs.
Uttam Chand and another
.. Respondents
(2) R.F.A. No. 2680 of 1990 (O&M)
Union of India and others
.. Appellants.
Vs.
Smt. Kanta Devi
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. B. S. Kanwar, Advocate for the appellants.
...
Rajesh Bindal J.
This order will dispose of R.F.A. Nos. 863 and 2680 of 1990, as common questions of law and facts are involved.
Union of India is in appeal seeking reduction in the amount of compensation awarded to the land owners by the learned court below for the acquired land.
The facts have been extracted from R.F.A. No. 863 of 1990. Briefly, the facts of the case are that vide notification dated 26.8.1977, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), Union of India acquired the land along with fruit bearing R.F.A. No. 863 of 1990 [2] trees, situated in villages Athotarwan and Sangher, Tehsil Pathankot, District Gurdaspur. The same was followed by notification dated 20.4.1978, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') awarded compensation for the fruit bearing trees. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below awarded increase @ 133% for the fruit bearing trees.
Learned counsel for the appellants fairly submitted that the claim made by the appellants in the present case is squarely covered by the judgment of this court in R.F.A. No. 633 of 1990 -Hans Raj v. Union of India and others, decided on 7.4.2004.
For the detailed reasons recorded in the aforesaid judgment, the appeals are dismissed.
( Rajesh Bindal ) Judge 8.12.2011 mk