In the High Court of Punjab & Haryana at Chandigarh
Civil Misc. No. 5480/CI of 2007 and
R. F. A No. 2529 of 2007 (O&M)
The Land Acquisition Collector ..... Appellant
vs
Ajaib Singh and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Balwinder Singh, Advocate, for the applicant/appellant.
Mr. Vivek Chauhan, Assistant Advocate General, Punjab.
Rajesh Bindal J.
The Land Acquisition Collector – appellant 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. Along with the present appeal, an application
for condonation of delay of 76 days in filing the appeal has also been filed.
Briefly, the facts of the case are that the State of Punjab vide
notification dated 21.2.2000 issued under Section 4 of the Act, acquired land
situated in the revenue estate of Village Sohana, Tehsil and District Mohali, for
development as Sectors 76 to 80 in the Urban Estate of Mohali. The Land
Acquisition Collector assessed the market value of the acquired land at different
rates for the land situated at different places. Dissatisfied with the award of the
Collector, the landowners/claimants filed objections. On reference under Section
18 of the Act, the learned court below determined the market value of the acquired
land @ Rs. 17 lacs per acre.
Learned counsel for the appellant very fairly conceded that the issue
raised in the present appeal is squarely covered by the judgment of this Court in
RFA No. 3004 of 2006 – Surjit Singh vs State of Punjab and another decided on
2.3.2009, whereby the compensation payable for acquisition of land vide same
notification has been further enhanced.
In view of this fact, the claim made in the present appeal does not
survive. Accordingly, for the reasons stated in Surjit Singh’s case (supra), the
present appeal is dismissed. As the appeal itself is without any merit, I do not find
any reason to serve other respondents or condone the delay of 76 days in filing the
appeal. Accordingly, the application is also dismissed.
23.3.2009 ( Rajesh Bindal) vs. Judge