The State of Punjab appealed against an award reducing compensation for land acquired for the Shahpur Kandi dam project. The court held that since the lower court relied on this court's own precedents determining the market value, the state's claim fails and appeals are dismissed.
The appeals filed by the State of Punjab are dismissed.
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RFA No. 961 of 1988
(1)
In the High Court of Punjab & Haryana at Chandigarh
RFA No. 961 of 1988 (O&M)
Date of decision : 8.9.2010
The State of Punjab and others ..... Appellants vs Bhupinder Singh and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
Rajesh Bindal J.
The State of Punjab has filed the appeals bearing RFA Nos. 961 to 971 of 1988 against the award dated 7.12.1987 passed by the learned court below for reduction of compensation awarded to the landowners/respondents.
However, the facts have been extracted from RFA No. 961 of 1988.
Briefly, the facts are that the State of Punjab acquired the land measuring 95.77 acres situated within the revenue estate of Village Jugial, Tehsil Pathankot, District Gurdaspur, vide notification dated 12.7.1984, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), for extension of the staff colony at Shahpur Kandi on the western side of the Thein Dam Project. Notification under Section 6 of the Act was issued on 7.11.1984. The Land Acquisition Collector vide award dated 19.11.1985 assessed the market value of the acquired land @ 20,000/- per acre for brani-I, 16,025/- per acre for brani-II, and 2,375/- per acre for gair mumkin. On reference under Section 18 of the Act, the learned court below vide award dated 7.12.1987, determined the compensation for the acquired land @ 40,000/- per acre, relying upon judgment of this court in RFA No. 796 of 1981 (Parties name are not available). It is this award which is impugned in the present set of appeals.
It is not disputed by the learned counsel for the State that the court below had determined the market value of the acquired land while relying upon judgment of this court, whereby market value of the land
RFA No. 961 of 1988
(2)
acquired vide notification of the same date for the same very purpose in the vicinity was assessed @ ` 40,000/- per acre. Earlier also this court in RFA No. 1087 of 1981- The Union of India and others vs Balwant Singh and others , decided on 13.7.1983, upheld the award of the learned court below for the same very acquisition which was further followed in RFA No. 2201 of 1987 The State of Punjab and another vs Maheshwar Singh and others, decided on 11.9.2008.
Since the learned court below had assessed the market value of the acquired land on the basis of judgment of this court in RFA No. 796 of 1981. In the same lines are the judgments of this court in Balwant Singh's case (supra) and Maheshwar Singh's case (supra). Accordingly, the relief claimed in the appeals filed by the State does not survive. The same are dismissed.
8.9.2010 vs.
(Rajesh Bindal) Judge
2 issues framed by the court
Whether the appeals by the State against the reduction of compensation awarded to landowners deserve to be dismissed.
Whether the learned court below correctly relied upon the judgment of this court regarding the market value of acquired land.
Colour shows how this judgement treated each authority
3 provisions across 1 enactments
State of Punjab and others
Bhupinder Singh and another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
