In an absentia disposal, the single Judge held the appeal and cross-objections meriting dismissal in default of appearance, leaving the award under Section 18 of the Land Acquisition Act, 1894 undisputed.
The appeal and cross-objections were dismissed in default due to the non-appearance of the parties.
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. 1699 of 1990 and Cross-objection No. 1/CI of 1991 (O&M)
The Land Acquisition Collector
..... Appellant
vs
Honorary Secretary
..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None.
Rajesh Bindal J.
Punjab State Electricity Board has filed the present 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 of compensation for the acquired land whereas the Red Cross Society has filed the cross-objections seeking further enhancement of compensation.
Briefly, the facts of the case are that vide notification dated 9.1.1985 issued under Section 4 of the Act, the appellant Board acquired land including the land of the respondent society situated in village Narot Mehra, Tehsil Pathankot, District Gurdaspur, for construction of Power House No. 3 UBDC Stage-II, Project Malikpur (Pathankot). The Land Acquisition Collector assessed the market value of different kinds of land at different rates. Dissatisfied with the award, the landowners filed objections. On reference under Section 18 of the Act, the learned Court below assessed the market value of the acquired land @ ` 22,800/- per acre . It is this award which is impugned by both the parties.
The case was called twice, no one has appeared.
Accordingly, the appeal as well as the cross-objections are dismissed
in default.
9.8.2010 vs.
( Rajesh Bindal) Judge
2 provisions across 1 enactments
The Land Acquisition Collector
Honorary Secretary
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
