Landowners appealed for enhanced compensation for land acquired under the Land Acquisition Act, 1894. The court relied on a prior judgment enhancing similar compensation and disposed of the appeal in identical terms without further reasoning.
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. 2909 of 2005 (O&M)
Firangi Lal and another
... Appellants
vs
The Collector, Land Acquisition Colonization Department, Punjab and another
.... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Sunil Sharma, Advocate, for the appellants.
Mr. B. B. S. Teji, Assistant Advocate General, Punjab.
Rajesh Bindal J.
Through the present appeal the landowners have approached this court for enhancement of compensation for the acquired land.
Briefly, the facts are that vide notification dated 27.12.1988, issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act'), State of Punjab acquired 21 acres, 4 kanals and 9 marlas of land at Boha Town for the establishment of New Anaj Mandi. The same was followed by notification dated 8.6.1989 issued under Section 6 of the Act. The Land Acquisition Collector (for short, the Collector') vide his award dated 8.10.1990, determined the market value at Rs. 30,000/- per acre for nehri land; and Rs. 15,000/- per acre for barani/ gair mumkind kinds of land. Aggrieved against the same, the appellants filed objections, which were referred to learned Additional District Judge, Mansa, who keeping in view the material placed before him by the parties, awarded Rs. 38,000/- per acre for nehri land, Rs. 18,000/- per acre for barani land and Rs.17,000/- per acre for gair mumkin land as compensation.
Learned counsel for the appellants submitted that the claim of the appellants is squarely covered by the judgment of this court in R. F. A. No. 1978 of 1998 – Parsini Devi (deceased) through LRs. and others vs The Collector, Land Acquisition Colonization Department, Punjab and others, decided on 30.10.2008, whereby the compensation payable to the landowners was further enhanced.
Learned Assistant Advocate General, Punjab, does not dispute this factual position.
For the reasons recorded in Parsini Devi's case (supra), the present appeal is disposed of in the same terms.
( Rajesh Bindal) Judge
19.2.2009 vs.
2 issues framed by the court
Whether the compensation awarded for acquired land should be enhanced in light of the Parsini Devi judgment.
Whether the present appeal should be disposed of in the same terms as the referenced judgment.
Colour shows how this judgement treated each authority
Parsini Devi (deceased) through LRs. and others vs The Collector, Land Acquisition Colonization Department, Punjab and othersRelied on¶14
R. F. A. No. 1978 of 1998 – Parsini Devi (deceased) through LRs. and others vs The Collector, Land Acquisition Colonization Department, Punjab and others, decid
2 provisions across 1 enactments
Firangi Lal and another
The Collector, Land Acquisition Colonization Department, Punjab and another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
