R. F. A No. 4860 of 2008 (1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 4860 of 2008 (O&M)
Date of decision : 1.12.2008
Meshi Singh and others ..... Appellants
vs
The Punjab State and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Amit Aggarwal, Advocate, for the appellants.
Mr. B. B. S. Teji, Assistant Advocate General, Punjab.
Mr. Ashwinie Kumar Bansal, Advocate, for respondent no. 4.
Rajesh Bindal J.
The claimants have filed the present 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 land situated in Villages
Phulokhari, Kanakwal, Ramsra and Raman was acquired vide notification
dated 27.8.1997 issued under Section 4 of the Act, for the purpose of setting
up of Refinery. The Land Acquisition Collector vide his award dated
4.6.1999 assessed the market value of the land at Rs. 3.50,000/- per acre for
nehri/chahi, Rs. 2,75,000/- per acre for barani and Rs. 5,00,000/- per acre
for gair mumkin kind of land. On reference under Section 18 of the Act, the
learned court below vide award dated 29.11.2005, determined the market
value of the acquired land @ Rs. 3,50,000/- per acre for nehri/chahi/barani
land, Rs. 5,00,000/- per acre for gair mumkin land and Rs. 3,75,000/- per
acre for land abutting metalled road except gair mumkin leading from
Raman to Kalianwalia via Gian upto the depth of 500 meters.
Learned counsel for the appellants submitted that the claim
made in the present appeal is squarely covered by the judgment of this court
in R. F. A. No. 1963 of 2006 M/s Guru Gobind Singh Refineries Ltd. vs.
The Punjab State and others, decided on 22.10.2008, whereby while
upholding the award of the learned court below as far as the value of the
land is concerned, the matter was remitted back for fresh consideration on
R. F. A No. 4860 of 2008 (2)
the quality of land which was held to be chahi by the learned court below as
against the stand of the respondents claiming the same to be barani.
Learned counsel appearing for the respondents did not dispute
this factual position.
Accordingly for the reasons recorded in M/s Guru Gobind
Singh Refineries Ltd.’s case (supra), the present appeal is disposed of in the
same terms.
1.12.2008 ( Rajesh Bindal) vs. Judge