Union Territory, Chandigarh Administration vs Karam Singh

Rajesh Bindal, J.—This order will dispose of RFA Nos. 1070 to 1078 and 1167 to 1170 of 2003, as the same arise out of common acquisition. By filing appeal, Union Territory, Chandigarh is seeking reduction in compensation awarded to the landowners for the acquired land.

Briefly, the facts are that notification dated 27.11.1991, under Section 4 of the Land Acquisition Act, 1894 (for short, ''the Act''), was issued by the Chandigarh Administration for acquisition of land in the revenue estate of Manimajra, U.T. Chandigarh, for setting up of Nurseries. The Land Acquisition Collector (for short, ''the Collector''), vide award dated 5.2.1993 assessed the market value of the acquired land @ Rs. 2 lacs per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, learned court below assessed the market value of the acquired land @ Rs. 4,25,000/- per acre. It is this award, which has been impugned in the present set of appeals by the Chandigarh Administration.

Learned counsel for the appellant very fairly submitted that the claim made in the present set of appeals is squarely covered by judgment of this court in RFA No. 832 of 2002 Smt. Parminder Kaur and others v. Union Territory, Chandigarh, decided on 18.4.2009, whereby compensation payable to the landowners for the acquired land was further enhanced to Rs. 196/- per square yard. Since this Court had further enhanced the compensation in the appeals filed by the landowners, the claim of the Union Territory, Chandigarh, for reduction does not survive. Accordingly, for the reasons recorded in Smt. Parminder Kaur''s case (supra), the present appeal are dismissed.