State Of Punjab vs Man Singh on 21 November, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


                                       RFA No.3986 of 1992
                                       Date of Decision : 21.11.2008


State of Punjab
                                                               ....Appellant

                               VERSUS


Man Singh
                                                             ....Respondent

CORAM:- HON’BLE MR. JUSTICE RAKESH KUMAR JAIN

Present:- Mr. N. S. Pawar, Addl. A. G., Punjab
for the appellant.

None for the respondent.

RAKESH KUMAR JAIN J.

This order shall dispose of 5 cases i.e. RFA Nos.3986, 3987,

3988, 1009 & 1010 of 1992 as common questions of law and facts are

involved in there appeals.

The land situated in the revenue limits of village Sohana,

H.B.35, Tehsil Kharar, District Ropar was notified under Section 4 of the

Land Acquisition Act, 1894 (in short ‘the Act’) dated 19.11.1980 for

establishment of residential-cum-commercial Urban Estate for Mohali. The

Land Acquisition Collector, vide his award dated 12.07.1984 determined

compensation for Chuna Bhatti/Rasta/Banjar Qadim @ Rs.22,000/- per

acre, for Khatans 2 to 3 @ Rs.21,000/- per acre and for Khatans 6 to 7 @

Rs.14,000/- per acre. The land owners were not satisfied and filed objection

claiming compensation @ Rs.5 lacs per acre. The learned reference court
RFA No.3986 of 1992 -2-

vide his award dated 15.10.1991, reassessed the market value

@ Rs.1,75,000/- per acre for the acquired land on the basis of a decision of

the High Court (Ex.P-1) in which all acquired land other than the land

coming under pond, or in khatans in villages Kambala, Mataur, and Sohana

was fixed @ Rs.1,75,000/- per acre.

Learned counsel for the appellant could not find any fault with

the reasons adopted by the Courts below as the compensation was assessed

by the learned reference court on a previous decision of this Court (Ex.P-1).

Thus, I find no error and illegality in the order passed by the

learned Reference Court.

No one has put in appearance on behalf of the claimants.

In view of the above, I do not find any merit in the appeal either

filed by the State of Punjab or by the claimants. Thus all the appeals are

hereby dismissed with no order as to costs.

November 21, 2008                                (RAKESH KUMAR JAIN)
ashish                                                 JUDGE