The High Court of Punjab & Haryana disposed of an appeal filed by the Union of India against an arbitrator's award fixing compensation for land acquired for defence purposes, following a prior judgment on the same legal issue.
Appeal disposed of in terms consistent with the referenced precedent, Dr. Jagdish Parkash.
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
FAO No. 2224 of 1999 (O&M)
Union of India
Devinder Kaur and another
... Appellant vs .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. S. K. Sharma, Advocate, for Union of India.
Mr. S. S. Chopra, Advocate, for the landowner/respondent.
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 Dabba, 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 parties 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.
15.12.2009 ( Rajesh Bindal) vs. Judge
1 issue framed by the court
Whether the award of the Arbitrator determining compensation for acquired land should be reduced on appeal by the Union of India.
Colour shows how this judgement treated each authority
Dr. Jagdish Parkash vs The Competent Authority Powers of Special Land Acquisition Collector, JalandharFollowed¶12
Dr. Jagdish Parkash vs The Competent Authority Powers of Special Land Acquisition Collector, Jalandhar 2006 (4) RCR (Civil) 711
Union of India
Devinder Kaur
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
