Allowed

Gurmail Singh etc. v. Union Territory Th. the Land Acquisition

Punjab & Haryana HC16 Sept 2010RFA/3138/2002

Case brief

AI extract

What is this about?

The court disposed of an appeal against a compensation award under the Land Acquisition Act, 1894. By following its own earlier judgment in Behal Singh Gill's case, it enhanced the compensation for the acquired land in the same terms as that earlier decision.

What did the court decide?

Compensation enhanced to ₹19,97,581/- per acre in accordance with the earlier judgment in Behal Singh Gill's case.

Gurmail Singh etc. Vs Union Territory Th. the Land… — Land Acquisition | Punjab & Haryana HC (2010)

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In the High Court of Punjab & Haryana at Chandigarh

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R. F. A No. 3138 of 2002 (O&M)

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Gurmail Singh and others

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..... Appellants

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Union Territory, Chandigarh and others

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..... Respondents

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. R. K. Dhiman, Advocate, for the appellants.

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None for the respondents.

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Rajesh Bindal J.

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The landowners have 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 enhancement of compensation for the acquired land.

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Briefly, the facts of the case are that the Union Territory, Chandigarh, vide notification dated 1.7.1998 issued under Section 4 of the Act, acquired land of Village Dadu Majra for institutional purpose in the west of Sector-38, Chandigarh. The Land Acquisition Collector vide his award dated 30.3.1997 assessed the compensation for the acquired land @ 4,53,900/- per acre. The landowners feeling dissatisfied with the compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 2.4.2002 determined the market value of the acquired land @ ` 7,64,335/- per acre. It is this award which is impugned in the present appeal.

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Learned counsel for the appellants submitted that the claim made by the appellants in the present appeal is squarely covered by judgment of this court in RFA No. 2989 of 2006 Union Territory, Chandigarh vs Behal Singh Gill and another, decided on 18.5.2010, where by the compensation payable for the land acquired was further enhanced.

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No one has appeared for Union Territory of Chandigarh.

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A perusal of the judgment in Behal Singh Gill's case (supra), shows that the compensation payable to the landowners for the land acquired vide notification dated 1.7.1998 in village Dadu Majra, was further enhanced to ` 19,97,581/- per acre. Accordingly, for the detailed reasons recorded in Behal Singh Gill's case (supra), the present appeal is disposed of in the same terms.

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(Rajesh Bindal) Judge

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16.9.2010 vs.

Gurmail Singh etc. v. Union Territory Th. the Land Acquisition

Case brief

What is this about?

What did the court decide?

Gurmail Singh etc. v. Union Territory Th. the Land Acquisition

Case brief

What is this about?

What did the court decide?

What the court decided

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