R.F.A No.1336 of 2009(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.F.A No.1336 of 2009(O&M)
Date of Decision 09.11.2009
Gurdit Singh etc.
........ Appellants
Versus
State of Punjab
........ Respondent
CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA
Present: Mr.Naresh Kaushal, Advocate,
for the appellants.
Ms.Ambica Luthra, AAG Punjab,
for respondent No.1.
Mr.H.P.S.Ghuman, Advocate,
for GMADA-newly added respondent.
HEMANT GUPTA, J.
This order shall also dispose of bunch of following 106 appeals
filed by the State as well as the land owners for redetermination of the
amount of market value assessed by the reference court as Rs.17 lacs per
acre. Such appeals arise out of Award No.480 dated 7.5.2001; Award
No.481 dated 17.5.2001 and Award No.482 dated 17.9.2001, of the Land
Acquisition Collector.
Sr. Case No. Parties name
No.
1 RFA No.134 of 2009 Sant Singh Vs. State of Punjab and
another
2 RFA No.274 of 2009 Hari Krishan and others Vs. State of
Punjab and another
3 RFA No.358 of 2008 Surjit Singh Vs. State of Punjab
4 RFA No.685 of 2008 Gurdev Singh & others Vs. State of
Punjab
5 RFA No.536 of 2008 Ram Ishwar Nath & others Vs. State of
Punjab & others.
R.F.A No.1336 of 2009(O&M) -2-
Sr. Case No. Parties name
No.
6 RFA No.540 of 2008 Achhar Singh and others Vs. State of
Punjab and another
7 RFA No.542 of 2008 Bhag Singh & others Vs. State of Punjab
8 RFA No.678 of 2008 Khushal Singh & others Vs. State of
Punjab
9 RFA No.679 of 2008 Karam Singh & others Vs. State of Punjab
10 RFA No.680 of 2008 Bachan Singh Vs. State of Punjab
11 RFA No.681 of 2008 Prem Kaur Vs. State of Punjab
12 RFA No.682 of 2008 Smt.Pavitar Kaur Vs. State of Punjab
13 RFA No.683 of 2008 Surjit Singh Vs. State of Punjab
14 RFA No.684 of 2008 Avtar Singh & another Vs. State of Punjab
15 RFA No.686 of 2008 Jarnail Kaur & others Vs. State of Punjab
16 RFA No.687 of 2008 Jagdish Singh & others Vs. State of
Punjab
17 RFA No.688 of 2008 Pritpal Singh Vs. State of Punjab
18 RFA No.689 of 2008 Devinder Kaur Sekhon & others Vs. State
of Punjab
19 RFA No.974 of 2007 Prem Kaur and another Vs. State of
Punjab and another
20 RFA No.1098 of 2007 Karamjit Singh & others Vs. State of
Punjab and another
21 RFA No.1418 of 2009 Joginder Singh and others Vs. State of
Punjab
22 RFA No.1426 of 2008 Greater Mohali Area Development
Authority Vs. Karnail Singh & others
23 RFA No.1438 of 2008 Ajmer Singh & others Vs. State of Punjab
& another
24 RFA No.1440 of 2008 Tara Singh & others Vs. State of Punjab
and another
25 RFA No.1460 of 2008 Mohan Singh Vs. State of Punjab
26 RFA No.1468 of 2008 Karnail Singh & others Vs. State of
Punjab
27 RFA No.1701 of 2008 Greater Mohali Area Development
Authority Vs. Harpreet Kaur Grewal
28 RFA No.1702 of 2008 Greater Mohali Area Development
Authority Vs. Lakhvir Singh
29 RFA No.1703 of 2008 Greater Mohali Area Development
Authority Vs. Surinder Kaur
30 RFA No.1704 of 2008 Greater Mohali Area Development
Authority Vs. Amar Singh
31 RFA No.1705 of 2008 Greater Mohali Area Development
Authority Vs. Santosh Kumari Verma
32 RFA No.1706 of 2008 Greater Mohali Area Development
Authority Vs. Bhagwan Singh
R.F.A No.1336 of 2009(O&M) -3-
Sr. Case No. Parties name
No.
33 RFA No.1707 of 2008 Greater Mohali Area Development
Authority Vs. Sewa Singh
34 RFA No.1719 of 2008 Surinder Singh & others Vs. State of
Punjab
35 RFA No.1886 of 2008 Rajinder Pal Singh Vs. State of Punjab
36 RFA No.1889 of 2008 Ram Ishwar Nath & others Vs. State of
Punjab
37 RFA No.1891 of 2008 Sadhu Singh Vs. State of Punjab
38 RFA No.1920 of 2008 Mohan Lal Vs. State of Punjab
39 RFA No.2010 of 2009 Sher Singh & others Vs. State of Punjab.
40 RFA No.2078 of 2008 Greater Mohali Area Development
Authority Vs. Ram Parshad & another
41 RFA No.2079 of 2008 Greater Mohali Area Development
Authority Vs. Ranjit Singh
42 RFA No.2297 of 2009 Gurmail Singh & others Vs. State of
Punjab
43 RFA No.2357 of 2007 State of Punjab & another Vs. Harjit Singh
44 RFA No.2522 of 2007 Land Acquisition Collector, Urban Estates
Punjab Mohali Vs. Gurmit Singh
45 RFA No.2523 of 2007 Land Acquisition Collector, Urban Estates
Punjab Mohali Vs. Kapoor Singh & others
46 RFA No.2525 of 2007 Land Acquisition Collector, Urban Estates
Punjab Mohali Vs. Harpreetpal Singh
47 RFA No.2527 of 2007 Land Acquisition Collector, Urban Estates
Punjab Mohali Vs. Gurpreet Singh
48 RFA No.2528 of 2007 Land Acquisition Collector, Urban Estates
Punjab Mohali Vs. Mann Singh
49 RFA No.2530 of 2007 Land Acquisition Collector, Urban Estates
Punjab Mohali Vs. Hazara Singh &
another
50 RFA No.2695 of 2008 Gurdev Singh Vs. State of Punjab
51 RFA No.2822 of 2008 Deepak Vs. State of Punjab
52 RFA No.2852 of 2008 Avtar Singh & others Vs. State of Punjab
& another
53 RFA No.2853 of 2008 Satpal Singh Vs. State of Punjab &
another
54 RFA No.2880 of 2008 Amrik Kaur and others Vs. State of
Punjab & another
55 RFA No.2898 of 2009 Gurdev Singh Vs. State of Punjab
56 RFA No.2899 of 2008 Maluk Singh Vs. State of Punjab.
57 RFA No.2986 of 2009 Ajaib Kaur & others Vs. State of Punjab
58 RFA No.3008 of 2007 Jagjit Kaur Vs. State of Punjab
59 RFA No.3009 of 2007 Balihar Singh another Vs. State of Punjab
and others
R.F.A No.1336 of 2009(O&M) -4-
Sr. Case No. Parties name
No.
60 RFA No.3010 of 2007 Paramjit Singh and another Vs. State of
Punjab & others
61 RFA No.3035 of 2007 Bhupinder Kaur & others Vs. State of
Punjab
62 RFA No.3036 of 2007 Devi Dayal & another Vs. State of Punjab
63 RFA No.3088 of 2007 Kapoor Singh & others Vs. State of
Punjab
64 RFA No.3105 of 2008 Sikander Singh Grewal & another Vs.
State of Punjab & others
65 RFA No.3120 of 2008 Mewa Singh & others Vs. State of Punjab
& another
66 RFA No.3227 of 2008 Baldev Singh & others Vs. State of
Punjab
67 RFA No.3228 of 2008 Kirpal Singh Vs. State of Punjab
68 RFA No.3237 of 2008 Deepak Verma & others Vs. State of
Punjab & others
69 RFA No.3388 of 2008 Ujjager Singh & others Vs. State of
Punjab & another
70 RFA No.3389 of 2008 Krishan Dutt & others Vs. State of Punjab
& another
71 RFA No.3395 of 2007 Harpreet Pal Singh Vs. State of Punjab
72 RFA No.3396 of 2007 Baram Dev & another Vs. State of Punjab
& another
73 RFA No.3420 of 2007 Harchand Singh Vs. State of Punjab
74 RFA No.3421 of 2007 Bhag Singh & another Vs. State of
Punjab.
75 RFA No.3423 of 2007 Bahadur Singh & another Vs. State of
Punjab
76 RFA No.3454 of 2007 Sher Singh & others Vs. State of Punjab
77 RFA No.3455 of 2007 Gulzar Singh Vs. State of Punjab
78 RFA No.3563 of 2008 Baljit Singh Vs. The Punjab State and
another
79 RFA No.3565 of 2007 Harbans Singh & other Vs. State of
Punjab
80 RFA No.3566 of 2007 Baldev Singh & others Vs. State of
Punjab
81 RFA No.3647 of 2008 Ramesh Kumar & others Vs. State of
Punjab
82 RFA No.3651 of 2008 Nachhattar Kaur & another Vs. State of
Punjab
83 RFA No.3652 of 2008 Balwant Singh & another Vs. State of
Punjab
84 RFA No.3659 of 2007 Land Acquisition Collector, Urban Estates
Mohali Vs. Gurdev Singh & others
R.F.A No.1336 of 2009(O&M) -5-
Sr. Case No. Parties name
No.
85 RFA No.3680 of 2007 Gurdev Singh & others Vs. State of
Punjab
86 RFA No.3879 of 2007 Gurdev Singh & others Vs. State of
Punjab
87 RFA No.4096 of 2007 Tarlochan Singh & others Vs. State of
Punjab
88 RFA No.4150 of 2007 Darshan Kaur & others Vs. State of
Punjab
89 RFA No.4158 of 2007 Mam Raj vs. State of Punjab and another
90 RFA No.4300 of 2006 Hardial Singh Vs. State of Punjab
91 RFA No.4359 of 2006 Harbir Singh Vs. State of Punjab
92 RFA No.4360 of 2006 Balbir Singh etc. Vs. State of Punjab
93 RFA No.4361 of 2006 Prabha Sharan Kaur Vs. State of Punjab
94 RFA No.4362 of 2006 Sukhdev Singh Vs. State of Punjab
95 RFA No.4364 of 2006 Jasmer Singh etc. Vs. State of Punjab
96 RFA No.4366 of 2006 Baljit Singh & another Vs. State of Punjab
97 RFA No.4526 of 2007 Gurdev Singh & others Vs. State of
Punjab
98 RFA No.5204 of 2008 Piara Singh and another Vs. State of
Punjab
99 RFA No.5393 of 2008 Rajinder Singh & others Vs. State of
Punjab & another
100 RFA No.5486 of 2008 Balwinder Kaur & another Vs. State of
Punjab
101 RFA No.5574 of 2008 Harjinder Singh Vs. State of Punjab
102 RFA No.5622 of 2008 Biru Ram & others Vs. State of Punjab
103 RFA No.5624 of 2008 Narinder Kumar & others Vs. State of
Punjab & another
104 RFA No.5673 of 2008 Surjit Singh & another Vs. State of Punjab
105 RFA No.5694 of 2008 Rabinder Singh & another Vs. State of
Punjab
The Land Acquisition Collector awarded compensation vide
Award No.480 dated 7.5.2001, as under:
Land touching Sector 66 to 69 and running Rs.10,00,000/-per
1 up to Sohana-Mouli-Baidwan link road. acre
2 Chahi Land Rs.8,00,000/- per acre
3 Banjar Land Rs.7.00,000/-lacs per
acre
R.F.A No.1336 of 2009(O&M) -6-The Land Acquisition Collector awarded compensation vide
Award No.481 dated 17.5.2001, as under:
1 For the area falling on the North side of Rs.10,00,000/- per
Chandigarh-Landran road (upto the depth acre
of one acre) and the land touching existing
sectors 66-69 falling on Sohana-Mauli-
Baidwan link Road
2 Chahi Land Rs.9,00,000/-per acre
3 Barani Land Rs.7,50,000/- per acre
The Land Acquisition Collector awarded compensation vide
Award No.482 dated 17.9.2001, as under:
1 For the land touching road of Sohana- Rs.10,00,000/- per
Landran (upto the depth of one acre) acre
2 Chahi Land Rs.8,00,000/-per acre
3 Banjar Land Rs.7,00,000/- per acre
The land measuring 934.81 acres situated in village Sohana,
382.54 acres situated in village Mauli Baidwan and 31.72 acres of land
situated in village Lakhnaur was intended to be acquired vide separate
notifications dated 21.2.2000, under Section 4 of the Land Acquisition Act,
1894 (hereinafter referred to as ‘the Act’), for a public purpose that is for
planned development and for setting up of Residential Urban Estate, in the
revenue estate of SAS Nagar, Mohali. Notifications under Section 6 of the
Act were issued on 2.2.2001.
The land owners have sought reference to the learned District
Judge, Rupnagar, for redetermination of the market value of the acquired
land dissatisfied with the market value determined by the Land Acquisition
Collector. The learned reference Court vide different Awards awarded
compensation at the rate of Rs.17 lacs per acre in respect of the land
situated in village Sohana, Mauli Baidwan and Lakhnaur. Some of the
appeals arising out of the Awards rendered by the reference court came for
hearing before this Court. This Court in judgment dated 2.3.2009, in RFA
No.3004 of 2006, titled ‘Surjit Singh Vs. State of Punjab’, has determined
R.F.A No.1336 of 2009(O&M) -7-
the market value as Rs.19,85,700/- lacs per acre in respect of the acquired
land. This Court in the aforesaid order, has also increased the amount of
compensation of the super structures by 25% on the value assessed by the
Collector. Similarly, in respect of fruit bearing trees, this Court in the
aforesaid order granted increase for the intervening period from 1985 till
2000 as per Dr.Nijjar’s formula to determine the price of fruit bearing trees
in the year 1985, in view increase in price index.
In view of the aforesaid judgment in Surjit Singh’s case (supra)
the present appeals of the land owners are allowed in respect of the
determination of market value of the acquired land, super structures and
fruit trees in the manner mentioned therein. Whereas, the appeals filed by
the State seeking reduction of the market value determined by the
reference court are dismissed.
November 9, 2009 (HEMANT GUPTA) rishu JUDGE