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Ashok Kumar Sharma vs State Of Punjab on 18 January, 2016 cites

Rattan Chand & Ors vs State Of Punjab And Anr on 20 May, 2014

RFA No.6924 of 2011 (Rattan Chand and others Vs. State of Punjab) In this case, the only argument raised by learned counsel for the appellants-land owners is based on the reports Ex.PW2/B and Ex.PW2/C, which pertain to 1188 non-fruit bearing trees. This piece of evidence was duly proved on record by the expert witness Balwant Singh PW2. It is very pertinent to note here that as per the zimini order passed by the learned reference Court on 16.04.2008, State of Punjab was proceeded ex parte, as none put appearance despite service. This seems to be the reason that when this expert witness PW2 Balwant Singh appeared in the Court and was examined, he was not put to any cross-examination, because the State had already been proceeded ex parte. Thus, the valuation report for the non-fruit bearing trees prepared and duly proved by this expert witness PW2 Balwant Singh has gone unrebutted on record.
Punjab-Haryana High Court Cites 14 - Cited by 2 - Full Document

Onkar Singh vs State Of Punjab And Anr on 21 May, 2015

In view of the above, the expert report prepared by PW1 Jasbir VISHNU 2016.02.23 11:52 I attest to the accuracy and integrity of this document High Court Chandigarh RFA No.1901 of 2008 and other connected matters -14- Singh as Ex.P2 in each of these three cases, deserves to be accepted as it is and the same is accordingly accepted. Consequently, the land owners are entitled to receive the compensation for the trees including the fruit bearing trees as per the respective reports in the form of Ex.P2 in their cases produced by PW1 Jasbir Singh. Accordingly, Smt. Parmeshwari Devi in land reference No.72 and RFA No.1894 of 2008 is held entitled to receive the compensation, as assessed by PW1 Jasbir Singh, for her trees including the fruit bearing trees standing on her land at the time of acquisition at the rate of Rs.9,54,200/-. Vijay Kumar in land reference No.74 and RFA No.1900 of 2008 is held entitled to receive the compensation, as assessed by PW1 Jasbir Singh, for his trees including the fruit bearing trees standing on his land at the time of acquisition at the rate of Rs.6,80,500/-. Similarly, Dr. Rajinder K. Sharma in land reference No.77 and RFA No.1950 of 2008 is held entitled to receive compensation, as assessed by PW1 Jasbir Singh, for his trees including the fruit bearing trees at the rate of Rs.84,89,800/- from the date of notification under Section 4 of the Act. Besides this, the land owners shall also be entitled for all other statutory benefits available to them under the relevant provisions of the Act. RFA No.4855 of 2008 (Onkar Singh Vs. Punjab State and another) In this case also number of trees including fruit bearing trees which were standing in the land of the appellant-land owner at the time of its acquisition, are not in dispute. Expert report by PW7 Jasbir Singh has been duly proved on record in the form of Ex.PW7/B. In this case, no contrary expert report has been produced by the State. A bare perusal of the impugned award passed by the learned reference Court would show that the learned reference Court fell in serious error of law, while ignoring this expert report which has VISHNU 2016.02.23 11:52 I attest to the accuracy and integrity of this document High Court Chandigarh RFA No.1901 of 2008 and other connected matters -15- been duly proved on record. This witness was subjected to detailed cross- examination, as in the abovesaid cases. He successfully stood the acid test, as nothing adverse could be elicited from him. In this view of the matter, this Court has found no reason to disbelieve the expert report Ex.PW7/B available from pages 74 to 83 of the LCR. Accordingly, the land owner in this case is held entitled to receive the compensation for his trees including the fruit bearing trees as per the report Ex.PW7/B i.e. for an amount of Rs.6,41,300/-. It is so said because the authenticity and genuineness of this report has gone unrebutted on record.
Punjab-Haryana High Court Cites 11 - Cited by 1 - R S Malik - Full Document
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