In the High Court of Punjab & Haryana at Chandigarh
R. F. A. No. 2909 of 2005 (O&M)
Firangi Lal and another ... Appellants
vs
The Collector, Land Acquisition Colonization Department,
Punjab and another .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sunil Sharma, Advocate, for the appellants.
Mr. B. B. S. Teji, Assistant Advocate General, Punjab.
Rajesh Bindal J.
Through the present appeal the landowners have approached this
court for enhancement of compensation for the acquired land.
Briefly, the facts are that vide notification dated 27.12.1988, issued under
Section 4 of the Land Acquisition Act, 1894 (for short, `the Act’), State of Punjab
acquired 21 acres, 4 kanals and 9 marlas of land at Boha Town for the
establishment of New Anaj Mandi. The same was followed by notification dated
8.6.1989 issued under Section 6 of the Act. The Land Acquisition Collector (for
short, `the Collector’) vide his award dated 8.10.1990, determined the market value
at Rs. 30,000/- per acre for nehri land; and Rs. 15,000/- per acre for barani/ gair
mumkind kinds of land. Aggrieved against the same, the appellants filed
objections, which were referred to learned Additional District Judge, Mansa, who
keeping in view the material placed before him by the parties, awarded Rs.
38,000/- per acre for nehri land, Rs. 18,000/- per acre for barani land and
Rs.17,000/- per acre for gair mumkin land as compensation.
Learned counsel for the appellants submitted that the claim of the
appellants is squarely covered by the judgment of this court in R. F. A. No. 1978
of 1998 – Parsini Devi (deceased) through LRs. and others vs The Collector, Land
Acquisition Colonization Department, Punjab and others, decided on 30.10.2008,
whereby the compensation payable to the landowners was further enhanced.
Learned Assistant Advocate General, Punjab, does not dispute this
factual position.
For the reasons recorded in Parsini Devi’s case (supra), the present
appeal is disposed of in the same terms.
19.2.2009 ( Rajesh Bindal) vs. Judge