In an appeal and cross-objection regarding land acquisition compensation, the High Court dismissed the State's appeal for reduction and allowed the respondent's cross-objection for enhancement, relying on Hans Raj vs Punjab State.
Appeal dismissed; cross-objection allowed enhancing compensation to Rs. 400 per marla based on Hans Raj precedent.
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.
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1338 of 1992 and Cross-Objection No. 50/CI of 1993
Date of decision : 6.11.2008
State of Punjab ... Appellant vs Daulat Ram .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. O. P. Dabla, Assistant Advocate General, Punjab.
Mr. Amit Jain, Advocate, for the objector-respondent.
Rajesh Bindal J.
The State has approached this court through the present appeal for reduction in the compensation whereas the respondent has filed cross-objection for enhancement of compensation on account of acquisition of land.
Briefly, the facts are that vide notification dated 20.2.1976, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Punjab, acquired land for Industrial Focal Point, Jalandhar. The Land Acquisition Collector, Jalandhar assessed the market value of the land at Rs. 160/per marla. Dissatisfied with the award of the Land Acquisition Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 30.11.1991, determined the market value of the acquired land at Rs. 250/- per marla.
Learned counsel for the respondent/claimant submitted that the issue involved in the present appeal is squarely covered by the judgment of this court in Hans Raj vs Punjab State 1997 (4) Recent Civil Reports 597, whereby the compensation payable for acquisition of land was enhanced to Rs. 400/- per marla.
Learned Assistant Advocate General does not dispute this fact.
For the detailed reasons stated in Hans Raj' s case (supra), the present appeal filed by the State is dismissed and the cross-objection filed by the objectorrespondent is allowed in terms of the aforesaid judgment.
6.11.2008 ( Rajesh Bindal) vs. Judge
3 issues framed by the court
Whether the compensation for acquisition of land should be enhanced in light of Hans Raj vs Punjab State.
Whether the State's appeal for reduction in compensation ought to be dismissed
Whether the objector-respondent's cross-objection for enhancement of compensation should be allowed
Colour shows how this judgement treated each authority
Hans Raj vs Punjab StateFollowed¶11
1997 (4) Recent Civil Reports 597
2 provisions across 1 enactments
State of Punjab
Daulat Ram
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
