Dismissed

(O&M) State of Punjab v. Sukhdev Singh Singh and Ors.

Punjab & Haryana HC16 May 2011RFA/3757/1992

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court imposed dynamically determined compensation rates for land acquired for Abohar Bye-Pass in 1990. The State appealed seeking to reduce this compensation, submitting that its claim was covered by a 1999 judgment (RFA No. 736 of 1991) which fixed higher rates.

What did the court decide?

The appeals filed by the State seeking reduction of compensation were dismissed. Compensation rates were affirmed.

(O&M) State of Punjab Vs Sukhdev Singh Singh and… — Land Acquisition | Punjab & Haryana HC (2011)

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RFA No. 3757 of 1992

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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RFA No. 3757 of 1992 (O&M) Date of Decision: 16.05.2011

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Punjab State and another

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...Appellants

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Versus

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Sukhdev Singh and others

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..Respondents

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CORAM: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. Yatinder Sharma, Deputy Advocate General, Punjab.

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None for the landowners.

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RAJESH BINDAL, J.

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This order shall dispose of two appeals bearing RFA Nos.3757 and 3765 of 1992, as same questions of facts and law are involved therein.

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Facts have been extracted from RFA No.3757 of 1992.

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Challenge in the present appeal is to the award dated 27.8.1990 passed by the learned Additional District Judge, Ferozepur. The State is in appeal seeking reduction of compensation for the acquired land.

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Briefly, the facts of the case are that State Government vide notification dated 23.05.1984, published on 01.06.1984, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), sought to acquire 47.87 acres of land situated in revenue estate of village Azimgarh, Tehsil Fazilka, District Freozepur for the project designated as Abohar Bye-Pass Southern Alignment. The Land Acquisition Collector (for short, “the Collector”) vide his award dated 07.11.1985 assessed the market value of the acquired land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of Act, the learned court below assessed the market value of the acquired land @ 35,000/- per acre for the land situated within the Municipal limits of Abohar and 28,000/- per acre for the remaining land.

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RFA No. 3757 of 1992

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Learned counsel for the State very fairly submitted that the claim made in the present appeal is squarely covered by the judgment of this court in RFA No. 736 of 1991 titled as Mohinder Singh and another Vs. Land Acquisition Collector and another decided on 07.10.1999, whereby the compensation for the acquired land located within the Municipal limits of City Abohar was determined @ 60,578/- per acre and 47,995.20 paise per acre for the land located out of the Municipal limits.

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For the detailed reasons recorded in Mohinder Singh’s case (supra), the present appeals filed by the State for reduction do not survive. Accordingly, the appeals are dismissed.

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(RAJESH BINDAL) JUDGE

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16.05.2011 sharmila

(O&M) State of Punjab v. Sukhdev Singh Singh and Ors.

Case brief

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(O&M) State of Punjab v. Sukhdev Singh Singh and Ors.

Case brief

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What the court decided

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