Dharam Vir Singh vs Union Of India (Uoi) And Ors. on 6 May, 2002
Learned counsel for the appellants relied upon judgments of this
Court in R.F.A. No. 894 of 1976--Hans Raj and others v. Chandigarh
Administration, decided on 8.4.1980; R.F.A. No. 2608 of 1980--Dharam Vir and
others v. Union of India, decided on 18.8.1981; R.F.A. No. 2560 of 1987-- Hazura
Singh v. Union of India, decided on 25.2.2004; R.F.A. No. 2340 of 1998 - Suraj
R.F.A. No. 579 of 2006 [ 5]
Bhan and others v. Union Territory, Chandigarh, decided on 24.9.2008; Jai Kaur
v. State of Punjab and another, 1992 LACC 501 and Union of India v. Pal Singh
and another, (1994-3) PLR 569 to submit that the claim of the land owners on
account of compensation for super structure was wrongly rejected by the learned
Court below. The Collector had even exceeded its brief by opining on the nature of
construction by holding the same to be unauthorised, whereas no material was
placed before him to record such a finding as neither he was the competent
authority therefor nor any notice was issued to the land owners for the purpose.
The submission is that the land owners are entitled to compensation on account of
acquisition of super structure at the rate claimed in the valuation report submitted
by them.