In consolidated RFA Nos.953-964 of 1992, appellants challenged the compensation award in a land acquisition case. The Court noted the Reference Court awarded Rs.28,000/acre against Collector's lower award, ignoring appellants' sale deed evidence under Section 25 of the 1894 Act.
Appeals dismissed with no order as to costs.
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 AND HARYANA AT CHANDIGARH
RFA No.953 of 1992 Date of Decision : 21.11.2008
State of Punjab & another
....Appellants
VERSUS
Bhuri Singh (dead) through LRs & others
....Respondents
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present:Mr. N. S. Pawar, Addl. A. G., Punjab for the appellants.
None for the respondents.
RAKESH KUMAR JAIN J.
This order shall dispose of 12 cases i.e. RFA Nos.953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963 & 964 of 1992 as common questions of law and facts are involved therein.
The land measuring about 19 acres situated in the area of village Ghagwal H.B.No.370 Tehsil Dasuya District Hoshiarpur was proposed to be acquired for public purpose, namely for construction of K. Canal from 7.040 KM to 12.400 KM for which a notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') was published on 14.01.1984 which was followed by a notification of declaration under Section 6 of the Act issued on 21.01.1984 and published on the same day. The Land Acquisition Collector, Hoshiarpur, vide his Award dated 24.07.1985 classified the acquired land as 65 kanals 17 marlas for Barani,
RFA No.953 of 1992
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3.0 kanals for Banjar Qadim, 26 kanals 19 marlas for Gairmumkin and total is 95 kanal 16 marla. The compensation was awarded for Barani @ Rs.48/per marla which comes to Rs.10104/- per acre, for Banjar Qadim @ Rs.38/per marla which comes to Rs.7999/- per acre and for Gair mumkin @ Rs.8/per marla which comes to Rs.1684/- per acre.
The land owners filed objection under Section 18 of the Act referred to the Civil Court for adjudication. Both the parties had led their respective evidence and after considering the same, the learned Reference Court awarded Rs.28,000/- per acre in respect of all categories of land on the basis of earlier judgment Ex.A-20. The land owners were also awarded compensation on account of severance @ Rs.10% as was given in the earlier case.
Sh. N. S. Pawar, Addl. A. G., Punjab has pointed out two sale transactions i.e. Ex.R2 and Ex.R3, which were taken into account by the courts below and under these sale transactions, the price per acre was fixed at Rs.6,000/- and Rs.3500/- respectively.
Learned counsel for the appellants has contended that price arising out of these two sale deeds is less than the award of the Collector and the same can not be taken into consideration in view of Section 25 of the Act. No other point has been raised before me by learned counsel for the appellants.
In view of the above, by upholding the award of the learned Reference Court, the appeals filed by State of Punjab are hereby dismissed with no order as to costs.
November 21, 2008 ashish
(RAKESH KUMAR JAIN) JUDGE
2 issues framed by the court
Whether courts below erred in rejecting sale transactions cited by appellants under Section 25 of the Land Acquisition Act, 1894?
Whether the Reference Court's award of Rs.28,000/- per acre should be upheld given lower sale prices cited by the State?
4 provisions across 2 enactments
State of Punjab
Bhuri Singh (dead) through LRs & others
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rakesh Kumar Jain
Parties & counsel
