Appellants challenged an award enhancing compensation for acquired land. The court rejected the claim for further enhancement, relying on a prior judgment that upheld the same valuation.
The appeal was dismissed.
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In the High Court of Punjab & Haryana at Chandigarh
RFA No. 941 of 1988 (O&M)
Gurdip Kaur and others ..... Appellants vs State of Punjab and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. V. K. Sandhir,Advocate, for the appellants.
Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
Rajesh Bindal J.
The landowners have filed the present appeal seeking further enhancement of compensation for the acquired land.
Briefly, the facts are that vide notification dated 15.12.1977 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Punjab acquired land measuring 94.04 acres situated in village Sultanwind, Tehsil and District Amritsar, for setting up of an Industrial Focal Point at Amritsar. The Land Acquisition Collector determined the market value of the acquired land @ 40,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below on the basis of earlier award dated 20.11.1984, Ex. A-1, assessed the market value of the acquired land @ 48,000/- per acre. It is this award which is impugned in the present appeal.
A perusal of the impugned award shows that the learned court below had assessed the market value of the acquired land while relying upon earlier award, Ex. A-1, vide which the market value of the land acquired vide same notification for the same very purpose was assessed @ ` 48,000/- per acre. It was also pointed out that the earlier award of the learned court below regarding determination of market value of land acquired vide same notification was subject matter of RFA No. 1586 of 1987 State of Punjab and and another vs Smt. Kartar Kaur before this court and the same was upheld vide judgment dated 8.10.2003. Since the award of the court below had been upheld by this court in Smt. Kartar Kaur's case (supra), no case for further enhancement is made out.
Accordingly, the appeal is dismissed.
(Rajesh Bindal) Judge
26.8.2010 vs.
1 issue framed by the court
Whether the appeal for further enhancement of compensation for acquired land should be allowed.
Colour shows how this judgement treated each authority
State of Punjab and another vs Smt. Kartar KaurRelied on¶10
RFA No. 1586 of 1987 State of Punjab and and another vs Smt. Kartar Kaur
2 provisions across 1 enactments
Gurdip Kaur and others
State of Punjab and another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
