High CourtsSingle Bench

Kartar Singh and others vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 14 December 2011 · Citation: (2011) 12 P&H CK 0196

HON’BLE JUDGES
Rajesh Bindal, J
ACTS & SECTIONS REFERRED
Land Acquisition Act, 1894 — Section 18, 4, 6
CASE NUMBER
Regular First Appeal No. 1556 of 1990 (O and M)
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Judgment

5 paragraphs · 330 words

Rajesh Bindal, J.—This order will dispose of R.F.A.Nos. 1556, 1698, 1801, 2201 of 1990, 91 to 93, 240 of 1994 and 928 of 1995 and cross objections No. 59-CI of 1994, as common questions of law and facts are involved.

2.

In the appeals and cross objections filed by the land owners, they are seeking enhancement of compensation awarded by the learned court below for the acquired land, whereas in the appeals filed by the State, the prayer is for reduction thereof.

3.

Briefly, the facts of the case are that vide notification dated 7.10.1985, issued u/s 4 of the Land Acquisition Act, 1894 (for short, `the Act''), State of Punjab acquired the land situated within the revenue estate of village Powala, Tehsil Rajpura, District Patiala for construction of Sutlej Yamuna Link Canal. The same was followed by notification dated 10.10.1985, issued u/s 6 of the Act. The Land Acquisition Collector (for short, Rs. the Collector'') awarded compensation @ Rs. 62,000/- per acre for Chahi kind of land; Rs. 50,000/- per acre for Rausli/Dakar kind of land and Rs. 35,000/- per acre for Gair Mumkin kind of land. Dissatisfied with the award of the Collector, the land owners filed objections. On reference u/s 18 of the Act, the learned court below, vide different awards, assessed the market value of the acquired land @ Rs. 84, 320/-, Rs. 167,500/- and Rs. 1,00,000/- per acre for Chahi kind of land; Rs. 68,000/- per acre for Barani kind of land and Rs. 40,800/- per acre for Gair mumkin kind of land.

4.

Learned counsel for the State fairly submitted that the claim made by the land owners as well as the State in the present set of appeals is squarely covered by the judgment of this court in R.F.A. No. 349 of 1990 - Punjab State v. Madan Lal and others, decided on 23.9.1999.

5.

For the detailed reasons recorded in the aforesaid judgment, the present appeals and cross objections are disposed of.