In the High Court of Punjab & Haryana at Chandigarh
RFA No. 352 of 2002 (O&M)
Dwarka Dass and others ... Appellants
vs
Union Territory, Chandigarh .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Ms. Ekta Thakur, Advocate, for the appellants.
Ms. Lisa Gill, Advocate, for the respondent.
Rajesh Bindal J.
The present appeal has been filed by the landowners for further
enhancement of compensation for the acquired land awarded by the learned court
below.
Briefly, the facts are that notification dated 27.11.1991, under
Section 4 of the Land Acquisition Act, 1894 (for short, `the Act’), was issued for
acquisition of land in the revenue estate of Manimajra, UT Chandigarh, for setting
up of Nurseries. The Land Acquisition Collector (for short, `the Collector’), vide
award dated 5.2.1993 assessed the market value at Rs. 2 lacs per acre for all kinds
of land except gair mumkin nadi and nallah for which the market value was
assessed at Rs. 75,000/- per acre. Dissatisfied with the award of the Collector, the
land owners filed objections. On reference under Section 18 of the Act, learned
court below enhanced the compensation from Rs. 2 lacs per acre to Rs. 4,25,000/-
per acre. It is this award which is impugned in the present appeal.
Learned counsel for the appellants submitted that the claim made in
the present appeal is squarely covered by judgment of this court in RFA No. 832
of 2002 Smt. Parminder Kaur and others vs Union Territory, Chandigarh decided
on 18.4.2009, whereby compensation payable to the landowners for the acquired
land was further enhanced to Rs. 196/- per square yard.
Learned counsel for Union Territory does not dispute this factual
position.
For the reasons recorded in Smt. Parminder Kaur’s case (supra), the
present appeal is allowed in the same terms.
12.5.2009 ( Rajesh Bindal) vs. Judge