In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1844 of 1990 (O&M)
State of Punjab and another ..... Appellants
vs
Ram Ditta Ram Sarpanch ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. O. P. Dabla, Assistant Advocate General, Punjab. Rajesh Bindal J.
The State is in 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 reduction of compensation for the acquired land.
Briefly, the facts of the case are that the State of Punjab vide
notification dated 26.9.1985 issued under Section 4 of the Act, acquired the land
situated within the revenue estate of Village Faridpur Raian, Tehsil Rajpura,
District Patiala, for construction of Sutlej Yamuna Link Canal. The Land
Acquisition Collector assessed the fair value of the land at Rs. 62,000/- per acre
for chahi, Rs. 50,000/- per acre for rasoli/dakar and Rs. 35,000/- per acre for gair
mumkin kind of land. On reference under Section 18 of the Act, the learned court
below determined the market value of the land at Rs. 66,340/- per acre for chahi
and Rs. 37,450/- per acre for gair mumkin kind of land. It is this award which is
impugned in the present appeal.
A perusal of the impugned award shows that as against the
compensation of Rs. 62,000/- per acre for chahi kind of land and Rs. 35,000/- per
acre for gair mumkin kind of land, the learned court below had made a very
meager increase therein to Rs. 66,340/- per acre for chahi kind of land and Rs.
37,450/- per acre for gair mumkin kind of land. The acquisition in the present case
was made vide notification dated 26.9.1985. Considering the fact that increase is
quite marginal, I do not find ground to interfere in the impugned award 24 years
after the acquisition.
Accordingly, the present appeal is dismissed.
17.4.2009 ( Rajesh Bindal) vs. Judge