In an appeal against an award reducing compensation for acquired land, the Single Judge held that the appeal was not maintainable because the court below determined the market value based on a settlement between the landowners and the State. Consequently, the appeal was dismissed.
Appeal dismissed on the ground that it was not maintainable.
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. 19 of 1993 (O&M)
The State of Punjab ..... Appellant vs Mukandi Ram 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 6.3.1987 issued under Section 4 the Act, the State of Punjab acquired the land situated within the revenue estate of Village Basma, Tehsil Rajpura, District Patiala, for construction of Gobindgarh Distributory. The Land Acquisition Collector assessed the fair value of the land @ 50,000/- per acre. Aggrieved against 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. It is this award which is challenged before this court.
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.
6.8.2010 (Rajesh Bindal) vs. Judge
2 issues framed by the court
Whether an appeal by the State is maintainable when the market value of acquired land was assessed based on a settlement between the landowners and the State?
Whether the award passed under Section 18 of the Land Acquisition Act, 1894 is maintainable on the basis of a settlement arrived at between the landowners and the Chief Minister of Punjab?
The State of Punjab
Mukandi Ram and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
