In the High Court of Punjab & Haryana at Chandigarh
RFA No. 3550 of 2008 (O&M)
Ajmer Kaur and others ... Appellants
vs
Union Territory, Chandigarh .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None for the appellants.
Mr. Rajesh Garg, Advocate, for UT Chandigarh.
Rajesh Bindal J.
This appeal has been filed by the landowners seeking further
enhancement of compensation for the acquired land.
Briefly, the facts are that land situated in villages Dhanas and
Sarangpur, U.T., Chandigarh was acquired vide notification dated 23.12.1999
issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act’) for
setting up Chandigarh Botanical Garden. The Land Acquisition Collector (for
short, `the Collector’) gave award of Rs. 9,70,898/- per acre for all kinds of land
except Gair Mumkin Nadi, Nala, River Bed, Choe and Khadaan etc. Aggrieved
against the same, the land owners filed objections which were referred to the
learned Additional District Judge, Chandigarh, who keeping in view the material
placed on record by the parties, assessed the market value of the acquired land @
Rs. 15,50,000/- per acre. It is this award which is impugned in the present appeal.
Learned counsel for the respondent submitted that the issue involved
in the present appeal is squarely covered by the judgment of this court in RFA No.
2632 of 2005- Union Territory, Chandigarh vs Prabhjot Singh decided on
26.3.2009, whereby the appeals arise out of the same acquisition have been
remitted back for fresh consideration.
For the reasons recorded in Prabhjot Singh’s case, the present appeal
is disposed of in the same terms.
Parties are directed to appear before the learned District Judge,
Chandigarh on 13.6.2009 for further proceedings. The learned District Judge may
either keep the reference with him or entrust the same to the Additional District
Judge who is dealing with the cases remanded earlier.
28.5.2009 ( Rajesh Bindal) vs. Judge