RFA No.2075 of 1990 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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RFA No.2075 of 1990
Date of decision: 20.11.2008
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State of Punjab and another
. . . . Appellant(s)
Versus
Amar Kaur and others
. . . . Respondent(s)
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CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.N.S. Pawar, Addl.A.G. Punjab.
for the appellant(s).
None for the respondent(s).
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RAKESH KUMAR JAIN, J
This order shall dispose of 8 appeals, namely RFA Nos.
2075 to 2082 of 1990, filed by both State of Punjab as well as the
landowners, as common questions of law and facts are involved
therein.
Land of village Baronga Zer was acquired with the
issuance of Notification issued under Section 4 of the Land
Acquisition Act, 1894 (in short ‘the Act’) dated 20.8.1982, at public
expense, namely, for the public purpose, for construction of Sirhind
Choo from R.S. No.419130 to R.D. No.518952, the land Acquisition
Collector vide his award No.243/P dated 23.9.1986 assessed the
compensation @ Rs.20,000/- per acre each for Chahi and Nehri land.
Dis-contended with the award of the Land Acquisition
Collector, landowners filed objections under Section 18 of the Act
RFA No.2075 of 1990 -2-
and in the claim-petition, they prayed for an award of Rs.1,50,000/-
per acre for their acquired land. In reply, however, the State of
Punjab and the drainage department averred that market value of
the acquired land has been adequately determined. The learned
District Judge, Patiala vide the impugned award, enhanced the
compensation from Rs.20,000/- to Rs.28,520/-.
Learned counsel for the State of Punjab, Mr.N.S. Pawar,
has vehemently contended that sale instance Exs.R2 to R4 have not
been duly appreciated by the reference Court.
However, the value arising out of Sale Deeds Ex.R2 to
R4 is less than the award of the Collector; therefore, in view of
Section 25 of the Act the sale deeds Exs.R2 to R4 have been rightly
ignored. The other contention of the State counsel is that the land
of village Badali and Naraingarh are distantly located. This
argument too is of no avail because as per evidence on record, I
have found that both villages are adjoining to each other. Thus, in
my view, no error has been committed by the reference Court in
awarding a sum of Rs.28,520/- for all kinds of land, besides
awarding other statutory benefits in terms of the amended Act.
Thus, all appeals are hereby dismissed with no order as to costs.
(RAKESH KUMAR JAIN)
20.11.2008 JUDGE
vivek