On appeal against an arbitrator's award fixing compensation for acquired land, the High Court relied on a prior judgment and disposed of the appeal in similar terms, upholding the award.
Impugned appeal disposed of in the same terms as Dr. Jagdish Parkash case.
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.
FAO No. 1222 of 1996 (O&M)
Union of India
.Appellant
Versus
Major Malkiat Singh and another
Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. S.K. Sharma, Advocate for the Union of India.
None for the respondents.
RAJESH BINDAL J.
This appeal has been filed by the Union of India seeking reduction of compensation for the acquired land.
Briefly, the facts are that land situated in village Daba, Tehsil and District Ludhiana was acquired by the Government of India for defence purpose, namely Dholewal Complex. The landowners feeling dissatisfied filed petitions under the Requisitioning and Acquisition of Immovable Property Act, 1952, for determination of compensation. The learned Court below was appointed as Arbitrator, who determined the compensation payable to the landowners @ Rs. 140/- per square yard. The Union of India is in appeal against the award of the Arbitrator.
Learned counsel for the appellant fairly submitted that the issue involved in the present appeal is squarely covered by the judgment of this Court in Dr. Jagdish Parkash Vs. The Competent Authority Powers of Special Land Acquisition Collector, Jalandhar 2006(4) RCR (Civil) 711, whereby award of the Arbitrator was upheld in the appeal by the Union of India whereas some relief was granted to the landowners.
For the reasons recorded in Dr. Jagdish Parkash's case (supra), the present appeal is disposed of in the same terms.
(RAJESH BINDAL) 14.12.2009 JUDGE Reema
1 issue framed by the court
Whether compensation awarded by the Arbitrator in the land acquisition case should be reduced.
Colour shows how this judgement treated each authority
Dr. Jagdish Parkash vs. The Competent Authority Powers of Special Land Acquisition Collector, JalandharRelied on¶15
Dr. Jagdish Parkash Vs. The Competent Authority Powers of Special Land Acquisition Collector, Jalandhar 2006(4) RCR (Civil) 711
Union of India
Major Malkiat Singh
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
