RFA. No.2645 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA. No.2645 of 2009.
Decided on July 27, 2009.
Pritam Singh (through LR Gurdial Singh).
.. Petitioner
VERSUS
The Punjab State and another.
.. Respondents
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.H.R.Nohria, Advocate,
for the appellant.
Mr.Lokesh Sinhal, Addl. A.G., Haryana,
for the respondents.
M.M.S. BEDI, J. (ORAL)
This appeal has been preferred for enhancement
of the compensation awarded by the reference Court vide order
dated 18.01.2002. It is pertinent to observe that the reference Court
by a common order had decided 92 references in a matter arising out
of acquisition of land pertaining to four villages, namely, Lehra
Mohabbat, Lehra Sodha, Patti Karam Chand Mehraj, and Lehra
Dhurkot, for the purpose of setting up of Guru Nanak Thermal Plant
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RFA. No.2645 of 2009
Stage III, Bathinda. The appellants belong to village Lehra Sodha.
Notification under Section 4 of the Land Acquisition Act, 1894,
(hereinafter referred to as ‘the Act’) , was issued on 23.07.1992, for
acquisition of 3865 kanals 14 marlas of land followed by a notification
under Section 6 of the Act dated 28.01.1993. The award was given
by Land Acquisition Collector on 19.11.1994,awarding Rs.48,015/-
per acre for Nehri land, Rs.60,645/- per acre for Chahi land,
Rs.24,352/- per acre for Barani land and Rs.95,070/- per acre for
Gair Mumkin land. The reference Court vide order dated 18.01.2002,
determined value of the land at village Lehra @ Rs.80,000/- per acre
for Chahi land, Rs.70,000/- per acre for Nehri land, Rs.40,000/- per
acre for Barani land and Rs.1,10,000/- per acre for Gair Mumkin land
vide RFA No.2292 of 2002, this Court in case Bant Singh and others
Vs. State of Punjab through Land Acquisition Collector, Punjab State
Electricity Board, Patiala and others, assessed the market value of
the Chahi and Nehri kinds of acquired land at uniform rate of
Rs.95,000/- per acre. The market value of Barani kind of land was
assessed at Rs.65,000/- per acre and for Gair Mumkin kind of land,
the awarded amount of reference Court was upheld.
Counsel for both the parties, agree that the appeal
is covered by the decision of RFA No.2292 of 2002, decided on
04.12.2008. The judicial verdict given pertaining to the same
acquired land belonging to same area can safely be treated as a
precedent for determining the market value. In the present case
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RFA. No.2645 of 2009
whether the market value of the land forming the subject matter of
the same notification has been determined which can be said to be a
market value for the land of the appellant, now, represented through
his legal representative. The appeal of the appellant could not be
heard as it was dismissed in default on account of non-appearance
of his counsel who had filed the petition and gone to England. The
appellant came to know about the dismissal of his appeal
subsequently. The period spent in getting the matter restored caused
the delay in adjudication of this petition. Since the matter is covered
by the decision of RFA No.2292 of 2002 , this RFA is disposed of in
similar terms by ordering that the value of the Chahi and Nehri
acquired land is determined @ Rs.95,000/- per acre; of Barani land
@ Rs.65,000/- per acre and of Gair Mumkin land is determined @
Rs.1,10,000/- per acre. The appellant will be entitled to the
compensation at the above said rates along with all the statutory
benefits under the Land Acquisition Act.
Disposed of.
(M.M.S.BEDI)
JUDGE
July 27, 2009.
rka
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