The High Court dismissed an appeal against the State of Punjab for enhancement of land acquisition compensation. The appellant filed the appeal in default, and the Court dismissed it because the existing award conformed to a prior judgment. No representation was heard from the appellant.
Appeal dismissed in default.
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
RFA No. 1188 of 1988 (O&M)
Sukhwinder Singh The State of Punjab and another
vs
..... Appellant ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None for the appellant.
Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
Rajesh Bindal J.
The landowner has filed the present appeal seeking enhancement of compensation for the acquired land.
Briefly, the facts are that land situated in Village Alipur Aryan, District Patiala, was acquired vide notification dated 24.2.1981 issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act') for setting up of Diesel Locomotive Components Workshop. It was followed by notification under Section 6 of the Act on 18.5.1981. The Land Acquisition Collector assessed compensation @ 40,000/- per acre for the land falling on eastern side of the Railway Line and 35,000/- per acre for the land falling on western side of the Railway Line. Aggrieved against the same, the land owner filed objections which were referred to the learned District Judge, who keeping in view the material placed on record by the parties, awarded 1,50,000/- per acre as compensation for the acquired land.
No one has appeared for the appellant at the time of hearing.
The issue regarding determination of compensation on account of acquisition of land vide same notification for the purpose of setting up of Diesel Locomotive Components Workshop came up for consideration before this Court in R.F.A. No. 741 of 1985 - Gulzar Singh and others v. State of Punjab and others , decided on 30.4.1987, wherein the assessment thereof @ ` 1,50,000/- per acre was upheld.
As the award of the learned court below is in conformity with the aforesaid judgment of this court, prima facie, no case for further enhancement is made out. However, as no one has appeared for the appellant, the present appeal is dismissed in default.
(Rajesh Bindal) Judge
24.9.2010 vs.
2 issues framed by the court
Whether the landowner is entitled to enhancement of compensation in absence of any new material.
Whether the award of compensation @ Rs. 1,50,000/- per acre conforms to the judgment in Gulzar Singh since no new facts have been brought on record.
Colour shows how this judgement treated each authority
Gulzar Singh and others v. State of Punjab and othersReferred¶13
R.F.A. No. 741 of 1985 - Gulzar Singh and others v. State of Punjab and others
2 provisions across 1 enactments
Sukhwinder Singh
State of Punjab
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
