High Court Punjab-Haryana High Court

Pritam Singh (Through Lr Gurdial … vs The Punjab State And Another on 27 July, 2009

Punjab-Haryana High Court
Pritam Singh (Through Lr Gurdial … vs The Punjab State And Another on 27 July, 2009
RFA. No.2645 of 2009


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                                        RFA. No.2645 of 2009.
                                        Decided on July 27, 2009.


Pritam Singh (through LR Gurdial Singh).

                                                          .. Petitioner

                  VERSUS


The Punjab State and another.

                                                       .. Respondents

                           ***

CORAM:            HON'BLE MR.JUSTICE M.M.S.BEDI


PRESENT           Mr.H.R.Nohria, Advocate,
                  for the appellant.

                  Mr.Lokesh Sinhal, Addl. A.G., Haryana,
                  for the respondents.


M.M.S. BEDI, J. (ORAL)

This appeal has been preferred for enhancement

of the compensation awarded by the reference Court vide order

dated 18.01.2002. It is pertinent to observe that the reference Court

by a common order had decided 92 references in a matter arising out

of acquisition of land pertaining to four villages, namely, Lehra

Mohabbat, Lehra Sodha, Patti Karam Chand Mehraj, and Lehra

Dhurkot, for the purpose of setting up of Guru Nanak Thermal Plant

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RFA. No.2645 of 2009

Stage III, Bathinda. The appellants belong to village Lehra Sodha.

Notification under Section 4 of the Land Acquisition Act, 1894,

(hereinafter referred to as ‘the Act’) , was issued on 23.07.1992, for

acquisition of 3865 kanals 14 marlas of land followed by a notification

under Section 6 of the Act dated 28.01.1993. The award was given

by Land Acquisition Collector on 19.11.1994,awarding Rs.48,015/-

per acre for Nehri land, Rs.60,645/- per acre for Chahi land,

Rs.24,352/- per acre for Barani land and Rs.95,070/- per acre for

Gair Mumkin land. The reference Court vide order dated 18.01.2002,

determined value of the land at village Lehra @ Rs.80,000/- per acre

for Chahi land, Rs.70,000/- per acre for Nehri land, Rs.40,000/- per

acre for Barani land and Rs.1,10,000/- per acre for Gair Mumkin land

vide RFA No.2292 of 2002, this Court in case Bant Singh and others

Vs. State of Punjab through Land Acquisition Collector, Punjab State

Electricity Board, Patiala and others, assessed the market value of

the Chahi and Nehri kinds of acquired land at uniform rate of

Rs.95,000/- per acre. The market value of Barani kind of land was

assessed at Rs.65,000/- per acre and for Gair Mumkin kind of land,

the awarded amount of reference Court was upheld.

Counsel for both the parties, agree that the appeal

is covered by the decision of RFA No.2292 of 2002, decided on

04.12.2008. The judicial verdict given pertaining to the same

acquired land belonging to same area can safely be treated as a

precedent for determining the market value. In the present case

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RFA. No.2645 of 2009

whether the market value of the land forming the subject matter of

the same notification has been determined which can be said to be a

market value for the land of the appellant, now, represented through

his legal representative. The appeal of the appellant could not be

heard as it was dismissed in default on account of non-appearance

of his counsel who had filed the petition and gone to England. The

appellant came to know about the dismissal of his appeal

subsequently. The period spent in getting the matter restored caused

the delay in adjudication of this petition. Since the matter is covered

by the decision of RFA No.2292 of 2002 , this RFA is disposed of in

similar terms by ordering that the value of the Chahi and Nehri

acquired land is determined @ Rs.95,000/- per acre; of Barani land

@ Rs.65,000/- per acre and of Gair Mumkin land is determined @

Rs.1,10,000/- per acre. The appellant will be entitled to the

compensation at the above said rates along with all the statutory

benefits under the Land Acquisition Act.

Disposed of.

(M.M.S.BEDI)
JUDGE
July 27, 2009.

rka

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