Allowed

Kuldeep Kaur v. State of Punjab and Arn.

Punjab & Haryana HC9 May 2012RFA/3678/2011

Case brief

AI extract

What is this about?

The appellant, a landowner, challenged the market value assessment of acquired land in RFA No. 3678 of 2011 under the Land Acquisition Act, 1894. The court disposed of the appeal following its earlier decision in Surjit Singh vs State of Punjab, adjudicating the same facts, thereby fixing the compensation accordingly.

What did the court decide?

The present appeal was disposed of in the same terms as per the judgment delivered in RFA No. 3004 of 2006, thereby enhancing the compensation already awarded by the lower court.

Kuldeep Kaur Vs State of Punjab and Arn. — Land Acquisition | Punjab & Haryana HC (2012)

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RFA No. 3678 of 2011

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(1)

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RFA No. 3678 of 2011 (O&M)

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In the High Court of Punjab & Haryana at Chandigarh

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Date of decision : 9.5.2012

Kuldeep Kaur

.... Appellant

Punjab State and another

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..... Respondents

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. Vikas Kumar Gupta, Advocate, for the appellant. Mr. L. S. Virk, Deputy Advocate General, Punjab.

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Rajesh Bindal J.

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The landowner is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking enhancement of compensation for the acquired land.

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Briefly, the facts of the case are that the State of Punjab vide notification dated 21.2.2000 issued under Section 4 of the Act, sought to acquire land situated in the revenue estate of Village Sohana, Tehsil Mohali, District Rup Nagar (Now District Mohali), for development as Sectors 76 to 80 in the Urban Estate of S.A.S. Nagar, Mohali. The Land Acquisition Collector (for short, the Collector) vide award dated 17.5.2001 assessed the market value of the acquired land @ 10,00,000/- per acre for the land touching Sectors 66 to 69 and running up to Sohana - Mouli Baidwan link road, 9,00,000/- per acre for chahi and 7,50,000/- per acre for barani kind of land. Dissatisfied with the award of the Collector, the landowner filed objections. On reference, the learned court below determined the market value of the acquired land @ 17 lacs per acre. It is this award which is impugned in the present appeal by the landowner.

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RFA No. 3678 of 2011

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(2)

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Learned counsel for the landowner submitted that the issue raised in the present appeal is squarely covered by the judgment of this Court in RFA No. 3004 of 2006 – Surjit Singh vs State of Punjab and another decided on 2.3.2009, whereby the compensation payable for acquisition of land vide same notification has been further enhanced.

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Learned State counsel did not dispute the aforesaid factual

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position.

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Accordingly, for the reasons stated in Surjit Singh' s case (supra), the present appeal is disposed of in the same terms.

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9.5.2012

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vs.

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(Rajesh Bindal) Judge

Kuldeep Kaur v. State of Punjab and Arn.

Case brief

What is this about?

What did the court decide?

Kuldeep Kaur v. State of Punjab and Arn.

Case brief

What is this about?

What did the court decide?

What the court decided

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