Allowed

Kunan Singh and Ors. v. State of Punjab & Others

Punjab & Haryana HC7 Apr 2011RFA/1544/1993

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court disposed of appeals filed by landowners challenging an award for land acquired for a bye-pass road. The court awarded compensation at Rs. 45,000 per acre, relying on a previous decision.

What did the court decide?

The appeals were disposed of by awarding compensation for the acquired land at Rs. 45,000 per acre along with statutory benefits.

Kunan Singh and Ors. Vs State of Punjab & Others — Land Acquisition | Punjab & Haryana HC (2011)

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RFA No.1544 of 1993

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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RFA No. 1544 of 1993 (O&M) Date of Decision: 07.04.2011

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Kunan Singh and others

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...Appellants

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Versus

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Punjab State and others

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..Respondents

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CORAM: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. M.S. Bedi, Senior Advocate with

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Mr. Amit Bakhshi, Advocate for the appellants.

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Mr. Yatinder Sharma, Deputy Advocate General, Punjab.

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RAJESH BINDAL, J.

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This order will dispose of RFA Nos. 1544, 1545, 2182, 1462 and 2230 of 1993, as common questions of law and facts are involved therein.

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In the present bunch of appeals filed by the landowners, the prayer is for enhancement of compensation for land situated within the revenue estate of Village Jewanwal H.B. No. 341 sought to be acquired vide notification dated 24.03.1983 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'). Purpose was construction of bye-pass road at Gurdaspur. Notification under Section 6 of the Act was issued on 2.3.1988 and published on 20.05.1983. The Land Acquisition Collector (for short “the Collector”) vide his award dated 10.07.1986 assessed the market value for the acquired land @ 26,422/- per acre. The land owners being not satisfied filed objections, which were referred to the learned court below, which on the basis of evidence led on record by the parties assessed the market value of the acquired land @ 40,000/- per acre. It is the aforesaid award which is under challenge before this court.

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Learned counsel for the landowners submitted that for the purpose of construction of bye-pass road at Gurdaspur, the land pertaining to seven villages, namely, Ram Nagar, Aujla, Nabipur, Barriar, Ghorala and

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RFA No.1544 of 1993

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Gurdaspur was acquired almost at the same time. This court in RFA No.2385 of 1990 decided on November 12, 2009 titled as Balwant Singh Vs. The Punjab State through the Collector and another while considering the value of the land of villages Ram Nagar, Aujla, Barriar, Gurdaspur and Ghorala assessed compensation @ 45,000/- per acre. The amount of compensation pertaining to land of village Aujla has been reduced from 60,000/- to ` 45,000/- per acre. The prayer is that the land owners in the present case be also awarded the same amount of compensation for their acquired land, as has been awarded in Balwant Singh’s case (supra).

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` Learned counsel for the State did not dispute the claim made by the learned counsel for the land owners.

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In view of the aforesaid stand of the parties, the present appeals are disposed of while assessing compensation for the acquired land @ 45,000/- per acre along with all the statutory benefits thereto, as have been determined by this court in Balwant Singh’s case (supra).

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(RAJESH BINDAL) JUDGE

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07.04.2011 sharmila

Kunan Singh and Ors. v. State of Punjab & Others

Case brief

What is this about?

What did the court decide?

Kunan Singh and Ors. v. State of Punjab & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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