The Single Judge dismissed the State's appeal and the respondent's cross-objections in default due to the absence of parties. The court noted the lower court reasonably applied a 40% cut to a sale deed reference for assessing 123.05 acres of acquired land.
Appeal and cross objections dismissed in default as no parties appeared.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R.F.A. No. 1106 of 1989 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.F.A. No. 1106 of 1989 and Cross Objections No. 118-CI of 1991 Date of decision: November 10, 2008
The State of Punjab and others
.. Appellants
Versus
Kashmir Devi
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: None
Rajesh Bindal J.
The State is in appeal before this Court against the award of the learned court below seeking reduction of the compensation awarded to the respondent.
The respondent-land owner has also filed cross-objections seeking enhancement of compensation for the acquired land.
Briefly, the facts are that the land measuring 123.05 acres situated within the revenue estate of Kukanet was acquired vide notification dated 19.3.1981 issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act'). The same was followed by notification dated 24.3.1981 issued under Section 6 of the Act. The Land Acquisition Collector (for short, the Collector') gave award of Rs. 10,104/- per acre for Abi land; Rs. 4,631/- per acre for Banjar Kadim and Barani land and Rs. 842/- per acre for Gair Mumkin Pahar kind of land. Aggrieved against the same, the land owner filed objections which were referred to the learned Additional District Judge, Hoshiarpur who keeping in view the material placed on record by the parties, assessed the market value at Rs. 23,000/- per acre for Aabi land; Rs. 9,000/- per acre for Barani and Banjar Qadim land and Rs. 3,000/- per acre for Gair Mumkin Pahar kind of land.
No one has appeared for the parties. A perusal of the impugned award shows that vide impugned award, a bunch of 20 references were decided. The fact as to whether the State or the land owners filed further appeals before the Court is not available.
A perusal of the impugned award shows that the learned court below has fairly assessed the value of the land by referring to sale deed (Ex. A4) which
R.F.A. No. 1106 of 1989 [2]
pertained to the acquired land and keeping in view the fact that acquisition was for a large chunk of land measuring 123.05 acres and sale deed (Ex. A4) was merely for 17 marlas of land, the learned court below rightly applied a cut of 40% thereon.
Prima facie, I do not find any merit in the present appeal. However, as no one has appeared for the parties, I deem it appropriate to dismiss the appeal as well as cross objections in default.
(Rajesh Bindal) Judge
November 10 , 2008 mk
2 issues framed by the court
Whether the learned court below fairly assessed the market value of the acquired land.
Whether the appeal and cross objections filed by the State and the respondent should be allowed.
2 provisions across 1 enactments
The State of Punjab and others
Kashmir Devi
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
