R.F.A. No. 4702 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: 16.1.2009
(1) C.M. No. 9792-CI of 2008 and
R.F.A. No. 4702 of 2008
Punjab State and another .. Appellants
v.
Amar Chand .. Respondent
(2) C.M. No. 10050-CI of 2008 and
R.F.A. No. 4844 of 2008
State of Punjab .. Appellants
v.
Waryam Singh (deceased) through LRs
and others .. Respondents
(3) C.M. No. 10053-CI of 2008 and
R.F.A. No. 4845 of 2008
Punjab State and another .. Appellants
v.
Rattan Chand (deceased) through LRs
and others .. Respondents
(4) C.M. No. 9794-CI of 2008 and
R.F.A. No. 4703 of 2008
Punjab State and another .. Appellants
v.
Ram Rattan (deceased) through LRs and
others .. Respondents
(5) C.M. No. 9800-CI of 2008 and
R.F.A. No. 4705 of 2008
Punjab State and another .. Appellants
v.
Smt. Tulsan and others .. Respondents
R.F.A. No. 4702 of 2008 [2]
(6) C.M. No. 9811-CI of 2008 and
R.F.A. No. 4708 of 2008
Punjab State and another .. Appellants
v.
Durga Dass and others .. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. BBS Teji, Assistant Advocate General, Punjab for the
appellants.
Mr. M. S. Dhami, Advocate for respondents No.2 to 4 in
R.F.A. No. 4705 of 2008 and respondents No. 1, 2 and 4 to 7
in R.F.A. No. 4844 of 2008.
...
Rajesh Bindal J.
This order will dispose of a bunch of above mentioned six appeals,
as the same arise out of a common acquisition.
The facts have been noticed from R.F.A. No. 4702 of 2008.
The State is in appeal before this Court against the award of the
learned Court below seeking reduction of the compensation awarded to the land
owners.
A bare perusal of the impugned award shows that vide notification
dated 26.7.1988, the land in question situated in the revenue estate of village
Lalpur was acquired for construction of Kandi Canal from RD No. 42762 to
51259. The Land Acquisition Collector determined the market value of the
acquired land at Rs. 66.11 per marla. Considering the evidence on record to the
effect that the acquired land was hardly at a distance of 20 yards from Gurdawara
Sahib, Government Primary School and the village abadi, the learned court below
assessed the compensation payable to the land owners at Rs. 100/- per marla, i.e.,
Rs. 16,000/- per acre, as against Rs. 66.11 per mala. In addition to this, 20% of the
market value was directed to be paid as compensation on account of severance.
Keeping in view the fact that the land was acquired more than 20
years before and the compensation assessed is quite meager, I do not find any
reason to interfere in the impugned award.
There is a delay of 202 days in filing the appeal. As the appeal itself
is being dismissed on merits, I do not find any reason even to condone the delay.
R.F.A. No. 4702 of 2008 [3]
Accordingly, applications for condonation of delay as well as the
appeals are dismissed.
(Rajesh Bindal)
Judge
16.1.2009
mk