The Union Territory, Chandigarh appealed against a reduced compensation award for acquired land. The court dismissed the appeal relying on a prior decision (RFA No. 4238 of 2006) which had enhanced compensation for similar land.
The appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R. F. A No. 3190 of 2007
(1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.F.A No. 3190 of 2007 (O&M)
Date of decision : 4.11.2015
Union Territory, Chandigarh
..... Appellant
vs
Gurmit Kaur alias Malkiat Kaur
.... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Deepak Sharma, Advocate, for the appellant. None for the landowner.
Rajesh Bindal J.
The Union Territory is in appeal seeking reduction of compensation for the acquired land.
Briefly, the facts are that vide notification dated 4.5.2000, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), the Union Territory, Chandigarh, sought to acquire land measuring 116.231 acres, situated in villages Kajheri and Nizampur Kumbran and adjoining land. The same was followed by notification issued under Section 6 of the Act. The Land Acquisition Collector (for short 'the Collector'), vide his award dated 21.3.2003, assessed the value of the acquired land @ 13,05,776/- per acre for Chahi, Barani, Gair Mumkin and Banjar Qadim kinds of land and @ 5,44,075/- per acre for Gair Mumkin Khadaan and Choe etc land situated in village Kajheri. Aggrieved against the same, the land owner filed objections which were referred to the learned Additional District Judge, Chandigarh, who keeping in view the material placed on record by the parties, determined the market value of the acquired land @ ` 16,40,450/- per acre.
Learned counsel for the appellant very fairly submitted that the claim made in the present appeal is squarely covered by judgment of this Court in RFA No. 4238 of 2006-- Mrs. Avtar Sachdev and others vs Union Territory, Chandigarh, decided on 2.4.2009, whereby compensation
SHARMILA 2015.11.07 15:28 I attest to the accuracy and authenticity of this document. Chandigarh
R. F. A No. 3190 of 2007
(2)
for the acquired land was further enhanced.
Accordingly, for the reasons recorded in Mrs. Avtar Sachdev 's case (supra), the present appeal is dismissed.
4.11.2015 (Rajesh Bindal) sharmila Judge
SHARMILA 2015.11.07 15:28 I attest to the accuracy and authenticity of this document. Chandigarh
2 issues framed by the court
Whether the appeal for reduction of compensation for acquired land, in light of a prior judgment enhancing compensation, is maintainable or should be dismissed.
The applicability of the principle laid down in Mrs. Avtar Sachdev and others vs Union Territory, Chandigarh to the present case of reduced compensation claim.
Colour shows how this judgement treated each authority
Mrs. Avtar Sachdev and others vs Union Territory, ChandigarhExplained¶16
RFA No. 4238 of 2006-- Mrs. Avtar Sachdev and others vs Union Territory, Chandigarh
2 provisions across 1 enactments
Union Territory, Chandigarh
Gurmit Kaur alias Malkiat Kaur
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
