Indian Oil Corporation Limited vs Natha Singh And Others on 19 May, 2009

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Punjab-Haryana High Court
Indian Oil Corporation Limited vs Natha Singh And Others on 19 May, 2009
             RFA No. 1654 of 1999                             (1)

           In the High Court of Punjab & Haryana at Chandigarh

                                       RFA No. 1654 of 1999 (O&M)
                                       Date of decision : 19.5.2009

Indian Oil Corporation Limited                          ..... Appellant
                                       vs
Natha Singh and others                                  .... Respondents
Coram:       Hon'ble Mr. Justice Rajesh Bindal


Present:     None for the appellant.

Mr. K. S. Sidhu, Deputy Advocate General, Punjab.

Rajesh Bindal J.

Indian Oil Corporation Limited is in appeal before this court
against the award of the learned court below passed under Section 18 of the
Land Acquisition Act, 1894 (for short, ‘the Act’) seeking reduction of
compensation awarded to the landowners for the acquired land.

Briefly, the facts are that land measuring 421 kanals and 4
marlas, situated in the revenue estate of village Suchi Pind was acquired
vide notification dated 2.1.1985 issued under Section 4 of the Act for
setting up of LPG Bottling Plant by Indian Oil Corporation. Similarly, vide
same notification, land measuring 72 kanals and 6 marlas was acquired for
the same purpose forming part of revenue estate of Villages Chak Hussaina
and Lamba Pind, Tehsil & District Jalandhar. The Land Acquisition
Collector assessed the market value of the acquired land at Rs. 92,515/- per
acre for Chahi even land; Rs. 74,000/- per acre for Chahi uneven land and
Rs. 23,120/- per acre for Gair Mumkin kind of land. Aggrieved against the
same, the land owners filed objections which were referred to the learned
court below, who keeping in view the material placed on record by the
parties, determined fair value @ Rs. 1,10,000/- per acre for Chahi even and
Gair Mumkin kind of land and Rs. 88,000/- per acre for Chahi uneven kind
of land in both the villages.

Learned counsel for the State very fairly submitted that the
issue raised in the present appeal is squarely covered by the judgment of
this Court in RFA No. 2700 of 1998- Surjan Singh and others vs State of
RFA No. 1654 of 1999 (2)

Punjab and others decided on 20.4.2009, whereby the compensation
payable for acquisition of land vide same notification has been further
enhanced.

Since this court has further enhanced the compensation payable
to the landowners in Surjan Singh’s case (supra), the present appeal filed by
the Indian Oil Corporation for reduction does not survive. Accordingly, the
same is dismissed.

19.5.2009                                           ( Rajesh Bindal)
vs.                                                      Judge
 

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