Allowed

Garib Singh v. Pb. State

Punjab & Haryana HC23 Sept 2010RFA/1408/1993

Case brief

AI extract

What is this about?

In an appeal against an award dismissing a claim for enhanced land acquisition compensation, the court followed a prior judgment determining the market value based on a settled agreement between landowners and the Chief Minister, allowing the appellants the awarded amount.

What did the court decide?

Appellants were awarded the same compensation amounts as determined in the Kesar Singh case and entitled to statutory benefits.

Garib Singh Vs Pb. State — Land Acquisition | Punjab & Haryana HC (2010)

¶1

(1)

¶2

R. F. A No. 1408 of 1993

¶3

In the High Court of Punjab & Haryana at Chandigarh

¶4

R. F. A No. 1408 of 1993 (O&M)

¶5

Date of decision : 23.9.2010

¶6

Garib Singh and another State of Punjab and others

¶7

¶8

..... Appellants ..... Respondents

¶9

Coram: Hon'ble Mr. Justice Rajesh Bindal

¶10

Present: None for the appellants.

¶11

Mr. Yatinder Sharma, Deputy Advocate General, Punjab.

¶12

Rajesh Bindal J.

¶13

The landowners are 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 enhancement of compensation for the acquired land.

¶14

Briefly, the facts of the case are that the State of Punjab, vide notification dated 29.3.1988 issued under Section 4 of the Act acquired the land situated within the revenue estate of Village Manak Majra, Hadbast No. 39, Tehsil Kharar, District Ropar, for construction of Sutlej Yamuna Link Canal. The Land Acquisition Collector assessed the market value of the acquired land @ 45,000/per acre for chahi, 35,000/- per acre for barani and ` 25,000/- per acre for gair mumkin kind of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below dismissed the claim of the landowners vide award dated 11.1.1993. It is this award which is impugned in the present appeal.

¶15

Learned counsel for the State very fairly conceded that the issues raised in the present appeal are squarely covered with the judgment of this court in RFA No. 2386 of 1993 Kesar Singh and another vs State of Punjab and another decided on 31.1.2009. In the aforesaid judgment, the market value of the land acquired vide notification dated 29.3.1988 in village Manak Majra, for the same very purpose was determined on the basis of a settlement arrived at between the landowners and the then Chief Minister of Punjab, @ 1,00,000/- per acre for chahi, 75,000/- per acre for barani and ` 60,000/- per acre for gair mumkin kind of land.

¶16

R. F. A No. 1408 of 1993

¶17

(2)

¶18

In view of the above, the present appeal is disposed of in terms of Kesar Singh's case (supra) and the appellants are also awarded the same amount of compensation for their acquired land. They shall also be entitled to all statutory benefits available under the Act.

¶19

As counsel for the appellants is not available, copy of the order be sent to the appellants by the Registry of this court.

¶20

23.9.2010 (Rajesh Bindal) vs. Judge

Garib Singh v. Pb. State

Case brief

What is this about?

What did the court decide?

Garib Singh v. Pb. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Des Raj Vs State of Haryana

Pir Chand Vs State of Haryana etc.

Jagjit Singh Vs Jarnail Singh and Ors.

Raju Vs State of Haryana and Ors.

Inderjit Singh Walia Vs Harbhajan Singh Chahal

Satbir Vs Mohindro Devi & Anr.