Landowners appealed against an award of compensation for land acquired for a distributory. The court dismissed the appeal in default for lack of appearance and held prima facie no case for enhancement as the assessment relied on an earlier award based on a prior judgment of this court.
Appeal dismissed in default for non-appearance of appellants.
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. 3518 of 1992 (O&M)
Chand Singh and others State of Punjab and another
vs
..... Appellants .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None for the appellants.
Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
Rajesh Bindal J.
The landowners have filed the present appeal seeking enhancement of compensation for the acquired land.
Briefly, the facts are that vide notification dated 9.3.1987 issued under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”), the State of Punjab acquired land situated within the revenue estate of village Naraina, Hadbast No. 245, Tehsil Rajpura, District Patiala, for construction of Bohakheri Distributory from RD No. 0 to 5342 meters. The Land Acquisition Collector (for short, the Collector') assessed the market value of the acquired land @ 62,000/per acre for chahi and 35,000/- per acre for gair mumkin kinds of land. Aggrieved against the award of the Collector, the land owners filed objections under Section 18 of the Act. On reference, the learned court below while relying upon earlier award assessed the market value of the acquired land @ 1,25,000/per acre for chahi, 75,000/- per acre for barani/dakar, and 55,000/- per acre for banjar kadim/gair mumkin kind of land. It is this award of the learned Reference Court which is impugned in the present appeal.
No one has appeared for the appellants.
A perusal of the impugned award shows that court below had assessed the compensation for the acquired land on the basis of its earlier award, which was also based on judgment of this court dated 31.8.1991 (other details of the judgment are not on record). Since the court below had determined the market value of the acquired land on the basis of its earlier award, which was based on judgment of this court, prima facie, no case for enhancement of compensation is made out. However, as no one has appeared for the appellants, the appeal is dismissed in default.
(Rajesh Bindal) Judge
10.9.2010 vs.
1 issue framed by the court
Whether the ld. Reference Court's assessment of compensation for acquired land based on an earlier award requires enhancement.
2 provisions across 1 enactments
Chand Singh and others
State of Punjab
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
