Allowed

Darbara Singh Dhillon & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC20 Nov 2013CWP/12149/2013

Case brief

AI extract

What is this about?

The High Court disposed of two connected writ petitions concerning modification of land acquisition compensation under the 170 Acre Development Scheme, equating them to a prior allowed order which adjusted compensation rates and statutory benefits.

What did the court decide?

Compensation for acquired land modified as per the previous connected order (varying rates per Marla/acre); entitlement to statutory benefits under Sections 23 and 28 of the 1894 Act on the difference

Darbara Singh Dhillon & Ors. Vs State of Punjab… — Landlord and Tenant | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No. 12149 of 2013 Date of decision: November 20, 2013

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Darbara Singh Dhillon and others

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... Petitioners

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Vs.

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State of Punjab and others

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... Respondents

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Civil Writ Petition No. 16809 of 2013

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Kamla Devi and others

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... Petitioners

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Vs.

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State of Punjab and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE SURINDER GUPTA

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1. Whether reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest?

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Present: Mr. Sandeep K. Sharma, Advocate for the petitioners. (in CWP No. 12149 of 2013). Ms. Priyanka Sharma, Advocate for Mr. M.L. Sharma, Advocate for the petitioners. (in CWP No. 16809 of 2013). Mr. P.S. Bajwa, Addl. A.G. Punjab. Mr. G.S. Attariwala, Advocate for the Jalandhar Improvement Trust.

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Surya Kant, J (Oral)

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This order shall dispose of two connected Civil Writ Petition Nos.12149 and 16809 of 2013 as common question of law and facts is involved in these cases.

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The petitioners seek modification of the Award dated 1.12.2012 passed by the Tribunal, Improvement Trust, Jalandhar, granting compensation @ `23,76,000/- per acre along with statutory benefits, in

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Deepak Kumar 2013.12.19 12:33 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

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Civil Writ Petition No. 12149 of 2013 & Civil Writ Petition No. 16809 of 2013

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-2-

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respect of their acquired land for '170 Acre Development Scheme' of Improvement Trust, Jalandhar.

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Learned counsel for the parties are ad idem that against the same award, a bunch of writ petitions including writ petition No. 11257 of 2013 have since been allowed in part by this Court, vide order dated 31.10.2013, operative part whereof reads as under :-

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“36. In view of the discussion above, the writ petitions are partly allowed, the compensation of the acquired land as awarded by the Tribunal is modified to the extent as follows:

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(i) For the land abutting by-pass to the extent of 240 feet depth, the compensation is allowed @ _26180/- per Marla i.e._ 41,88,800/- per acre.

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(ii) For the land recorded as gairmumkin chappar (pond), the compensation is awarded @ _18545/per Marla i.e._ 29,67,200/- per acre.

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(iii) For the remaining land the compensation is allowed @ _21816/- per Marla i.e._ 3490560/- per acre.

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37. The claimants shall also be entitled to the statutory benefits as provided under Sections 23 and 28 of the 1894 Act on the difference of compensation allowed by the Tribunal and awarded by this Court. The claim for the enhancement of compensation for the trees (fruit bearing and non-fruit bearing) and super-structure are declined.”

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The present writ petitions are accordingly allowed in the same

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terms.

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(Surya Kant) Judge

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November 20, 2013 (Surinder Gupta) deepak Judge

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Deepak Kumar 2013.12.19 12:33 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

Darbara Singh Dhillon & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

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Darbara Singh Dhillon & Ors. v. State of Punjab & Ors.

Case brief

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