Dismissed

State of Punjab v. Harbhajan Singh(Died) through Its Lrs & Others

Punjab & Haryana HC19 Jul 2012RFA/244/1991

Case brief

AI extract

What is this about?

The High Court dismissed the State of Punjab's appeals challenging the compensation awarded by the Reference Court under the Land Acquisition Act. The Court held that the assessment was reasoned, relying on a prior judgment for the same village and considered relevant documents.

What did the court decide?

The appeals filed by the State are dismissed. The awards are confirmed.

State of Punjab Vs Harbhajan Singh(Died) through… — Land Acquisition | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Date of Decision : July 19, 2012 RFA No.244 of 1991 (O & M)

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The State of Punjab through the Land Acquisition Collector, SYL Canal Project, Patiala

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..... APPELLANT(S)

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VERSUS

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Harbhajan Singh & others

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..... RESPONDENT(S)

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. . .

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RFA No.243 of 1991 (O & M)

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The State of Punjab through the Land Acquisition Collector, SYL Canal Project, Patiala

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..... APPELLANT(S)

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VERSUS Nachhatar Kaur wife of Nachhatar Singh & others

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..... RESPONDENT(S)

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. . .

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Whether reporters of local papers may be allowed to see the judgement? No.

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To be referred to the reporters or not ? No.

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Whether the judgment should be reported in the digest ? No.

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. . .

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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. . .

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PRESENT: - Mr. Ram Lal Gupta, Additional Advocate General, Punjab, for the appellant.

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None for the respondents.

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. . .

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RFA No.244 of 1991 [2]

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K. Kannan, J (Oral)

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Both the appeals are connected. State is in appeal challenging the compensation awarded by the reference Court.

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For reference to facts, file of RFA No.244 of 1991 is taken up.

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Learned counsel argues that the assessment is without reference to the document(s) filed in support of the State.

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I find that the reference Court has considered a judgment already passed by a Court in later proceedings of acquisition of property in the same notification and has awarded compensation at the rate of ` 85,000/- per acre.

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The claimants have made reliance on document of sale deed dated 14.10.1985 for 1,20,000/- where the value was at the rate of 80,000/- per acre.

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As regards the judgment in an earlier case, the Court has relied on the document(s) of the State to hold that the assessment made for compensation in an earlier case relate to a land in the same village and therefore, the same rate of compensation could be adopted. The determination has been by due consideration of relevant documents and I find no reason to interfere with the same.

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The award is confirmed. The appeals filed by the State are dismissed.

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July 19, 2012 Judge avin

State of Punjab v. Harbhajan Singh(Died) through Its Lrs & Others

Case brief

What is this about?

What did the court decide?

State of Punjab v. Harbhajan Singh(Died) through Its Lrs & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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