In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 4896 of 2008 (O&M)
Union Territory, Chandigarh ..... Appellant
vs
Sham Lal ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Deepak Sharma, Additional Standing Counsel, Chandigarh
Administration.
Mr. P. C. Dhiman, Advocate, for the respondent.
Rajesh Bindal J.
The Chandigarh Administration is in appeal before this Court against
the award of the learned Court below seeking reduction in the compensation for
the superstructure on the acquired land.
Briefly, the facts are that the land in Village Manimajra (Chandigarh)
was acquired vide notification issued under Section 4 of the Land Acquisition Act,
1894, on 31..1992, for the development of residential-cum-commercial complex
and for the construction of Municipal Park and Public Utility Building Scheme
No.3 by the Area Committee. The Land Acquisition Collector (for short, `the
Collector’) determined the value of the land at Rs. 3,50,000/- per acre along with
the compensation of the superstructures. Aggrieved against the award of
superstructures, the landowners filed objections which were referred to the learned
Reference Court, who keeping in view the material placed on record by the parties,
partly accepted the same by granting increase of 25% on the compensation on
account of acquisition of superstructure as was assessed at PWD rates. It is this
order which is impugned in the present appeal.
Since the learned court below had already granted 25% increase on
the compensation for acquisition of superstructures at the rate determined by PWD
which is admittedly in conformity with judgment of this court in R. F. A. No. 579
of 2006 Smt. Akko Devi and others vs Union Territory, Chandigarh and another,
decided on 1.10.2008, no case for reduction in the same is made out.
Accordingly, the present appeal is dismissed.
2.3.2009 ( Rajesh Bindal) vs. Judge