State of Punjab appealed against an award dismissing its objections to a land compensation assessment. The court held the appeal frivolous as Section 25 mandates court awards must not be less than Collector's awards, barring challenges to fairness. Appeal dismissed.
The present appeal is dismissed.
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R.F.A. No. 97 of 1983 [ 1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.F.A. No. 97 of 1983 (O&M) Date of decision: 13.9.2010
State of Punjab
.. Appellant
v.
Collector, Land Acquisition and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Yatinder Sharma, Deputy Advocate General, Punjab.
Mr. Anshman Chopra, Advocate for the land owners.
Rajesh Bindal J.
The State is in appeal against the award of the learned court below, whereby the objections filed by it against the award of the Land Acquisition Collector (for short, `the Collector) were dismissed.
Briefly, the facts of the case are that State of Punjab vide notification dated 30.9.1974, acquired the land in question for construction of Jasarwal Distributory drain. The same was followed vide notification dated 17.10.1976, issued under Section 6 of the Act. The Collector, vide award dated 9.2.1977, assessed the compensation payable to the land owners. Subsequently, on the directions of this court, the Collector, vide supplementary award dated 16.12.1980, assessed the compensation on account of severance. Feeling dissatisfied with the award of the Collector, the State filed objections under Section 18 of the Land Acquisition Act, 1894 (for short, `the Act'), which were dismissed vide impugned award. It is this award which has been impugned by the State in the present appeal.
On the face of it, the claim made in the appeal is frivolous. Section 25 of the Act clearly provides that the amount of compensation awarded by the court shall not be less than the amount awarded by the Collector. What the State sought to challenge by filing the objections before the Collector was that the amount awarded by the Collector was not just and fair, which is impermissible in
R.F.A. No. 97 of 1983 [ 2]
law.
Accordingly, the present appeal is dismissed.
(Rajesh Bindal) Judge 13.9.2010 mk
2 issues framed by the court
Whether the State could successfully challenge the Collector’s award by arguing the compensation was not just and fair.
Whether Section 25 of the Land Acquisition Act allows a challenge to a fraudulent or unfair award by the Collector.
2 provisions across 1 enactments
State of Punjab
Collector, Land Acquisition and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
