The High Court dismissed the State's appeal against a land acquisition award because the compensation value was determined via a settlement between the landowners and the State, rendering the appeal not maintainable.
The appeal filed by the State of Punjab was dismissed for lack of maintainability.
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In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1378 of 1993 (O&M)
The State of Punjab and another ..... Appellants vs Gurdev Singh and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
Rajesh Bindal J.
The State of Punjab is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction in compensation for the acquired land.
Briefly, the facts of the case are that vide notification dated 6.12.1984 issued under Section 4 of the Act, the State of Punjab acquired the land situated within the revenue estate of Village Salapur, Tehsil and District Ropar, for construction of Sutlej Yamuna Link Canal. The Land Acquisition Collector vide his award dated 27.6.1986 assessed the fair value of the acquired land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land on the basis of a settlement arrived at between the landowners and the then Chief Minister of Punjab, according to which the value of the acquired land was assessed @ ` 1,00,000/- per acre for chahi kind of land. It is this award which is impugned in the present appeal.
Since the market value of the acquired land was assessed by the learned court below on the basis of a settlement arrived at between the landowners and the State of Punjab, the appeal filed by the State is not maintainable. Accordingly, the appeal is dismissed.
(Rajesh Bindal) Judge
26.8.2010 vs.
1 issue framed by the court
Whether an appeal filed by the State against a land acquisition award obtained via a settlement between landowners and the State is maintainable.
2 provisions across 1 enactments
State of Punjab and another
Gurdev Singh and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
