R. F. A. No. 2088 of 1984 1
In the High Court of Punjab & Haryana at Chandigarh
R. F. A. No. 2088 of 1984 (O&M)
Date of decision : 27.8.2008
Mahla Singh (since deceased) through LRs. ..... Appellant
vs
Union of India .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. V. K. Kataria, Advocate, for the appellant.
Mr. S. K. Sharma, Standing Counsel for Union of India.
Rajesh Bindal J.
The claimant/landowner is in appeal before this court against
the award of the learned Additional District Judge, Bathinda, passed in Land
Reference No. 133 of 24.1.1983.
The respondent acquired the land of the appellant vide
notification under Section 4 of the Land Acquisition Act, 1894 (for short,
‘the Act’) dated 10.5.1979. As on the land acquired, there was superstructure
also existing, the appellant/claimant filed claim for superstructure to the
tune of Rs. 1,20,000/-. The Collector assessed the compensation at Rs.
51,900/-. However, in reference before the court below, the amount was
further enhanced by Rs. 12,000/-.
Learned counsel for the appellant has referred to an earlier
judgment of this court in R. F. A. No. 1655 of 1985 – Bhola Singh v. Union
of India and another, decided on 13.8.2003, wherein while relying upon an
earlier judgment of this court in Union of India v. Bachan Singh 1989 (2)
Revenue Law Reporter 140, pertaining to the acquisition of same land, this
court upheld the claim of the landowner regarding compensation of
superstructure. In the aforesaid judgment, the report submitted by Mr. H. S.
Virdi for valuation of superstructure had been accepted and it was directed
that the appellant therein shall be entitled to get the same as compensation
for the acquisition of superstructure.
R. F. A. No. 2088 of 1984 2
Learned counsel for the respondent also does not dispute the
fact that the issue raised in the present appeal is covered by the aforesaid
judgments.
Accordingly, the appeal is disposed of in terms of judgment of
this court in Bachan Singhi’s case (supra).
27.8.2008 ( Rajesh Bindal) vs. Judge