Allowed

Arjan Singh & Ors. v. State of Punjab

Punjab & Haryana HC26 Nov 2014RFA/626/1998

Case brief

AI extract

What is this about?

This single-judge oral order disposed of a first appeal regarding land acquisition compensation. The High Court followed two prior decisions with similar facts and enhanced the compensation amount from Rs. 4,20,000 to Rs. 8,42,000 per acre and increased mango tree compensation by 80%.

What did the court decide?

Compensation enhanced to Rs. 8,42,000 per acre; mango trees compensation enhanced by 80% price index.

Arjan Singh & Ors. Vs State of Punjab — Landlord and Tenant | Punjab & Haryana HC (2014)

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C.M.No.10138-CI of 2013 in/and RFA No.626 of 1998 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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C.M.No.10138-CI of 2013 in/and RFA No.626 of 1998 (O&M) Date of decision: 26.11.2014

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Arjan Singh and others

... Appellants

Vs.

State of Punjab

... Respondent

CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Present:Mr. Naresh Kaushal, Advocate for the appellants.

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Mr. Yatinder Sharma, Additional Advocate General, Punjab.

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AMIT RAWAL J. (ORAL)

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C.M.No.10138-CI of 2013

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Prayer in the instant application is for disposing of the appeal in terms of judgments dated 3.8.2010 (Annexure A/1) passed in RFA No.955 of 2002 titled as Sukhdev Singh vs. Punjab State and dated 28.1.2010 (Annexure A/2) passed in RFA No.2348 of 1998 tilted as Kapoor Singh vs. The State of Punjab and another. Application is supported by an affidavit which has been placed on record.

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Notice of the application had already been issued to the counsel for the State of Punjab and reply to the application has also

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SAVITA DEVI KADIAN 2014.11.28 13:41 I attest to the accuracy and authenticity of this document High Court Chandigarh

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C.M.No.10138-CI of 2013 in/and RFA No.626 of 1998 (O&M)

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been filed.

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Learned State counsel has no objection, if the aforesaid application is allowed and the present regular first appeal be disposed of in terms of judgments dated 3.8.2010 (Annexure A/1) passed in RFA No.955 of 2002 titled as Sukhdev Singh vs. Punjab State and dated 28.1.2010 (Annexure A/2) passed in RFA No.2348 of 1998 tilted as Kapoor Singh vs. The State of Punjab and another.

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In view of the aforesaid submission, the application is allowed and with the consent of counsel for the parties, the main appeal is taken on board for hearing today itself.

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RFA No.626 of 1998 (O&M)

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The landowners have approached this Court through the present appeal seeking further enhancement of compensation for the acquired land.

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Briefly, the facts are that vide notification dated 02.07.1993 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), the State of Punjab acquired land in village Mataur, Tehsil Kharar, District Ropar for setting up of urban estate in the area of Tehsil Kharar, district Rup Nagar. Vide Award No.447 dated 15.11.1994, the Land Acquisition Collector assessed compensation at the rate of Rs.1,60,000/- per acre. On reference under Section 18 of the Act, the learned Court below vide order dated 09.12.1997 determined the market value of the acquired land at the rate of Rs.4,20,000/- per acre and further awarded

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SAVITA DEVI KADIAN 2014.11.28 13:41 I attest to the accuracy and authenticity of this document High Court Chandigarh

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C.M.No.10138-CI of 2013 in/and RFA No.626 of 1998 (O&M)

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compensation at the rate of Rs.10,000/- for the acquired mango trees. Hence the present appeal.

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The facts in the judgments passed in RFA No.955 of 2002 (Annexure A/1) and RFA No.2348 of 1998 (Annexure A/2) are not different than the present appeal.

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In RFA No.955 of 2002 decided on 03.08.2010, the notification was issued under Section 4 of the Act was issued on 20.07.1993 in respect of land situated in village Mauli Baidwan, Tehsil Kharar, District Ropar (now District Mohali), for setting up residential urban estate in the area of Tehsil Kharar, District Rup Nagar. The Land Acquisition Collector, vide Award dated 03.08.1995, assessed compensation @ Rs.1,75,000/- per acre. On reference under Section 18 of the Act, the learned Court below determined the market value of the acquired land @ Rs.4,86,000/- per acre.

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Similarly in RFA No.2348 of 1998 decided on 28.01.2010, notification under Section 4 of the Act was issued on 12.11.1992 in respect of villages Kumbra, Mauli Baidwan, Sohana and Lambe, Tehsil Kharar, District Rup Nagar, for setting up of residential urban estate in the area of Tehsil Kharar, district Rup Nagar. Vide Award dated 22.02.1995, the Land Acquisition Collector assessed compensation at the rate of Rs.1,75,000/- per acre. On reference under Section 18 of the Act, the learned Court below determined the market value of the acquired land at the rate of Rs.6,75,000/- per acre.

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SAVITA DEVI KADIAN 2014.11.28 13:41 I attest to the accuracy and authenticity of this document High Court Chandigarh

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C.M.No.10138-CI of 2013 in/and RFA No.626 of 1998 (O&M)

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Learned counsel for the appellant has submitted that the land of the claimants is measuring 1 kanal 11 marlas comprised in khasra No.92//, 28/2, 6/2, which is subject matter of the present RFA is though in Urban Estate, SAS Nagar but is situated in different village Mataur which is one kilometer from Sohana and other villages mentioned which have been subject matter of acquisition. In respect of notification issued in the year 1993 i.e. 20.07.1993, this Hon'ble Court, vide order dated 03.08.2010, while deciding RFA No.955 of 2002, enhanced the amount of compensation at the rate of Rs.8,42,000/- per acre, whereas in respect of notification issued in the year 1992 i.e. 12.11.1992, which has been subject matter of RFA No.2348 of 1998, decided on 28.01.2010, the amount of compensation has been enhanced at the rate of Rs.7,80,000/- per acre.

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In the present appeal, notification is also of the year 1993 i.e. 02.07.1993 and therefore, appellants would also be entitled to compensation, in view of the judgments passed in RFA No.955 of 2002 (Annexure A/1) and RFA No.2348 of 1998 (Annexure A/2).

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Accordingly, the value of land in the present acquisition is determined at Rs.8,42,000/- per acre. The land owners shall be entitled to all statutory benefits as per provisions of Land Acquisition Act. As regards valuation of mango trees, the land owners shall be entitled to increase of 80% in terms of the price index, from the year 1985 till 1993 along with statutory benefits.

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SAVITA DEVI KADIAN 2014.11.28 13:41 I attest to the accuracy and authenticity of this document High Court Chandigarh

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C.M.No.10138-CI of 2013 in/and RFA No.626 of 1998 (O&M)

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The appeal is disposed of in the above terms.

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(AMIT RAWAL) JUDGE

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November 26, 2014 savita

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SAVITA DEVI KADIAN 2014.11.28 13:41 I attest to the accuracy and authenticity of this document High Court Chandigarh

Arjan Singh & Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Arjan Singh & Ors. v. State of Punjab

Case brief

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What did the court decide?

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