In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2379 of 2007 (O&M)
Kamlesh and others ..... Appellants
vs
The State of Punjab and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Deepak Sharma, Advocate, for the appellants.
Mr. B. B. S. Teji, Assistant Advocate General, Punjab.
Rajesh Bindal J.
The landowners are 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 enhancement of compensation for the acquired
land.
Briefly, the facts of the case are that vide notification dated
11.11.1993 issued under Section 4 of the Act, land situated within the revenue
estate of Village Sohana, Tehsil Mohali, District Ropar (now District Mohali) was
acquired for setting up of Industrial focal Point at SAS Nagar (Mohali). The Land
Acquisition Collector assessed the value of the land at Rs. 1,75,000/- per acre.
Dissatisfied with the award of the Collector, the claimants/landowners filed
objections, which were referred to the learned court below. On reference under
Section 18 of the Act, the learned court below assessed the compensation at Rs.
6,96,000/- per acre. It is this award which is impugned in the present appeal.
Learned counsel for the appellants submitted that the claim made in
the present appeal is squarely covered by judgment of this court in R. F. A. No.
2322 of 1998 Harbachan Kaur and others vs The State of Punjab, decided on
23.8.2006, whereby the compensation payable to the landowners was further
enhanced to Rs. 8 lacs per acre.
Learned State counsel does not dispute this factual position.
For the reasons recorded in Harbachan Kaur’s case (supra), the
present appeal is allowed in the same terms.
3.3.2009 ( Rajesh Bindal) vs. Judge