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Partap Chand Vs State of Punjab and Others — Land Acquisition | Punjab & Haryana HC (2010)

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Punjab & Haryana HC
2010
Partap Chand Vs State of Punjab and OthersPartap Chand v. State of Punjab and Others

Partap Chand v. State of Punjab and Others

Punjab & Haryana HC19 May 2010CWP/7244/2010

Case brief

from the order text

What is this about?

of 2010 1 IN THE HIGH COURT OF PUNJAB AND…

What the court decided

AI extract

Issue for consideration

Whether the petitioner is entitled to compensation for land acquired but not utilized as per the notification.

A

1

CWP No. 7244 of 2010

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 7244 of 2010 Date of Decision 19.5.2010

Pratap Chand

-----Petitioner

Versus

State of Punjab and others

---Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present: Mr. Rajesh Narang, Advocate for the petitioner.

Mr. Suvir Sehgal, Addl. A.G., Punjab for respondent Nos. 1, 3 and 4

Mr. Puneet Jindal, Advocate with Ms. Anubhuti Walia, Advocate for respondent No.2.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner is entitled to compensation for land acquired but not utilized as per the notification.
2.
Whether the revenue record needs correction regarding the area of land.

Statutes considered

1 provisions across 1 enactments

AI extract

Land Acquisition Act1894

Parties & counsel

AI extract

petitioner
Pratap Chand
respondent
State of Punjab

Coram

AI extract

M.M. Kumar

Case details

As recorded by the court registry

Court: Punjab & Haryana HC
Decided on: 19 May 2010 · May
Registered: 22 Apr 2010
Case no.: CWP/7244/2010

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Cite this judgement

Partap Chand v. State of Punjab and Others, CWP/7244/2010 (P&H), decided on 19 May 2010.

The High Court of Punjab and Haryana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Land Acquisition Act1894

View all statutes

Bench / Coram

M.M. Kumar and Jitendra Chauhan

Parties & counsel

A compact analysis

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.

To be referred to the Reporters or not?

Whether the judgment should be reported in

the Digest?

M.M. Kumar, J.

In this petition filed under Article 226 of the Constitution, petitioner has prayed for issuance of a writ of mandamus directing respondents to release the due amount of compensation along with up to date interest for acquiring his land comprised in Rect. No. 38, Killa No. 12/1 (2-0), situated at Village Awa, Tehsil Fazilka, District

CWP No. 7244 of 2010

2

Ferozepur.

A written statement on behalf of the respondent No. 3 by way of affidavit of Sh. Ajay Sood Sub Divisional Magistrate-Cum-Land Acquisition Collector, Fazilka has been filed in the Court, which is taken on record. According to the affidavit, out of 2 Kanals of land comprised in Rectangle No. 38, Kila No. 12/2 (2-0), village Awa, Tehsil Fazilka, District Ferozpur, only area of 1 kanal 8 marlas was utilized for construction of new BG rail link between Abohar and Fazilka. The compensation at the market rate amounting to Rs. 88453/- has been paid to the petitioner by Cheque No. 542164 dated 14.05.2010. In that regard a receipt given by the petitioner has been attached with affidavit (Annexure R1 & 2). The respondents have claimed that no other amount is due to petitioner.

Mr. Rajesh Narang, learned counsel for the petitioner has, however, stated that notification under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') was issued for acquisition of 2 kanals of land and actual utilized area is 1 kanal and 8 marlas. Even compensation paid is for 1 kanal 8 marlas. However, in the revenue record, entry shows 1 kanal and 12 marlas of land, which is erroneous. Therefore, he submits that the revenue record should be corrected and respondent Nos. 1 to 3 should not raise any hurdle in the correction of the revenue record to that extent of 4 marlas. He further states that petitioner is entitled to move for enhancement in accordance with law.

After hearing the learned counsel for the parties, we dispose of

CWP No. 7244 of 2010

3

the writ petition with liberty to the petitioner to file an appropriate application before the Sub Divisional Magistrate-cum-Land Acquisition Collector, Fazilka, bringing his aforesaid grievances to the notice of Sub Divisional Magistrate-cum-Land Acquisition Collector, Fazilka who shall pass an appropriate order on his application. Petitioner shall be at liberty to file application for enhancement in accordance with law.

The writ petition stands disposed of.

(M.M. KUMAR) JUDGE

(JITENDRA CHAUHAN) JUDGE

May 19, 2010 Atul

Jitendra Chauhan

CNR

PHHC010821022010

Topic

Land Acquisition

Bench

M.m. Kumar Jitendra Chauhan

Disposal

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