In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 369 of 1994 (O&M)
Union of India ..... Appellant
vs
Uttam Singh and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Nemo. Rajesh Bindal J.
The Union of India 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 in compensation for superstructure
existing on the acquired land.
Briefly, the facts of the case are that vide notification dated
11.7.1977 issued under Section 4 of the Act, land situated within the revenue
estate of Village Kathania, Tehsil and District Amritsar was acquired along with
structures standing thereon. The Land Acquisition Collector assessed the value of
the structures vide award dated 28.6.1983. Dissatisfied with the award of the
Collector, the claimants/landowners filed objections, which were referred to the
learned court below. On reference under Section 18 of the Act, the learned court
below enhanced the compensation for the structure. It is this award which is
impugned in the present appeal.
A perusal of the impugned award shows that the Collector had
assessed the value of the acquired structure at Rs. 15,500/-. The respondents in the
evidence led by them claimed the value of the superstructure at Rs. 28,700/-.
The learned court below granted only Rs. 7,670/- increase in the
value of superstructure so determined by the PWD Authorities. As only a meager
increase has been granted by the learned court below, prima facie, I do not find any
reason to interfere therewith after more than three decades.
As learned counsel for the appellant is not available, the appeal is
dismissed for non-prosecution.
30.3.2009 ( Rajesh Bindal) vs. Judge