High CourtsSingle Bench(2009) 04 P&H CK 0143

Hazara Singh and Sadhu Singh and Another vs The State of Punjab The State of Punjab Vs Sadhu Singh and Another and Hazara Singh

Punjab And Haryana At Chandigarh · Decided on 20 April 2009

HON’BLE JUDGES
Rajesh Bindal, J

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Judgment

6 paragraphs · 277 words

Rajesh Bindal, J.—This order shall dispose of Regular First Appeal No. 858 and 859 of 1995 filed by the landowners for further enhancement of compensation for the acquired land and RFA No. 874 of 1995 and 3673 of 1999 have been filed by the State for reduction thereof. All these appeals are taken up together as the same are arising out of common acquisition.

2.

The facts have been noticed from RFA No. 858 of 1995.

3.

Briefly, the facts of the case are that the State of Punjab vide notification dated 19.11.1980 issued u/s 4 of the Act, acquired the land along with the structures and trees standing thereon, situated within the revenue estate of Village Mataur, Tehsil Kharar, District Ropar (now District Mohali), for development as Urban Estate. The Land Acquisition Collector assessed Rs. 15352.91 paise as compensation for the trees standing on the acquired land. On reference u/s 18 of the Act, the learned court below vide impugned award assessed value of the trees at Rs. 19,000/- as the compensation.

4.

Learned Counsel for the appellants/landowners submitted that the issue involved in the present set appeals is squarely covered by the judgment of this Court in RFA No. 114 of 1996 Gurpal Singh and Anr. v. The State of Punjab decided on 7.7.2006, whereby it was directed to revise the compensation payable to the claimants on account of acquisition of trees standing on the acquired land on the basis of Jasbir Singh''s report.

5.

Learned Assistant Advocate General does not dispute this factual position.

6.

For the detailed reasons recorded in Gurpal Singh''s case (supra), the appeals are disposed of in the same terms.