Indian Kanoon - Search engine for Indian Law

Punjab-Haryana High Court

(O&M;) State Of Punjab vs The Faridkot District Co.Op Milk ... on 17 September, 2015

Author: Rajesh Bindal

Bench: Rajesh Bindal

                                  RFA No. 2350 of 1995

                                                                              (1)



                           IN THE HIGH COURT OF PUNJAB AND HARYANA
                                        AT CHANDIGARH


                                                            RFA No. 2350 of 1995 (O&M)
                                                            Date of decision :17.9.2015

            Punjab State
                                                                      ... Appellant
                                                vs
            The Faridkot District Co-op. Milk Production Union Ltd.

                                                                      .. Respondent


            Coram:               Hon'ble Mr. Justice Rajesh Bindal

            Present:             Mr. Nilesh Bhardwaj, Deputy Advocate General, Punjab.

                                 None for the respondent.
            Rajesh Bindal, J.

The State is in appeal seeking reduction of compensation for the acquired land.

Briefly, the facts of the case are that State of Punjab vide notification dated 28.2.1986, published on 7.8.1986, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land measuring 48 kanals 7 marlas situated in area of Faridkot for cattle fair ground. The same was followed by notification dated 6.5.1987, published on 15.5.1987, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award dated 15.1.1988, assessed the market value of the acquired land @ ` 47,000/- per acre for land adjoining the road upto depth of 40 karams; ` 23,000/- per acre for nehri land and ` 22,000/- per acre for barani land. Aggrieved against the award of the Collector, the landowner filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, enhanced the market value of the acquired land to ` 90,000/- per acre for land adjoining the road upto depth of 40 karams; ` 44,000/- per acre for nehri land and ` 42,000/- per acre for barani land. The aforesaid award has been impugned by the State in the present appeal.

authenticity of this document.

Learned counsel for the State very fairly submitted that in view of the order passed by this Court in RFA No.1206 of 1992--- The Scheduled Caste Co-operative Land Owning Society v. State of Punjab and another, decided on 26.8.2010 pertaining to the same acquisition, whereby compensation was further enhanced, nothing survives in the present appeal.

Accordingly, for the reasons recorded in The Scheduled Caste Co-operative Land Owning Society's case (supra), the present appeal is dismissed.

            17.9.2015                                                   (Rajesh Bindal)
            sharmila                                                           Judge




SHARMILA
2015.09.21 17:10
I attest to the accuracy and
authenticity of this document.
Chandigarh