In the High Court of Punjab & Haryana at Chandigarh R. F. A No. 3277 of 2002 (O&M) Date of decision : 12.1.2009 Bhupinder Singh and others ... Appellants vs U. T. Chandigarh .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Hardip Singh, Advocate, for the appellants. Mrs. Lisa Gill, Advocate, for U. T. Chandigarh. Rajesh Bindal J.
The landowners have approached this court through the present
appeal for enhancement of compensation for the acquisition of land.
Briefly, the facts are that vide notification dated 10.12.1991, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act’),
Chandigarh Administration acquired land situated within the revenue estate of
Village Manimajra for setting up of Artisan Village. The Land Acquisition
Collector (for short, `the Collector’) determined the market value of land at Rs.
2,00,000/- per acre. 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, awarded
Rs.4,84,000/- per acre for the acquired land.
Learned counsel for the appellant submitted that the claim made in
the present appeal is squarely covered by judgment of this court in R. F. A. No.
893 of 2000 R. D. Sharma and another vs The Union Territory of Chandigarh,
decided on 20.10.2008, whereby the amount of compensation was assessed at Rs.
196/- per square yard.
Learned counsel for the respondent did not dispute the fact that
against the award arising out of same notification, the matter has already been
dealt with by this court in R. D. Sharma’s case (supra).
As the issue regarding determination of fair value of land acquired
vide same notification has already been dealt with by this court in R. D. Sharma’s
case (supra), the present appeal is allowed in the same terms.
12.1.2009 ( Rajesh Bindal) vs. Judge