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2021 Supreme(P&H) 523

ANIL KSHETARPAL
RAJIV SOOD – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates Appeared:
For the Petitioner:Mr. C.L.Sharma, Advocate
For the Respondent: Ms. Kanika Sachdeva, AAG, Punjab

JUDGMENT :

ANIL KSHETARPAL, J.

1. The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. The petitioner herein prays for issuance of a writ in the nature of mandamus directing the respondents to grant enhanced compensation for the land measuring 9 kanals 10 marlas situated in village Kotla Gaunspur, District Hoshiarpur, at par with other owners.

3. The aforesaid land was acquired as per the provisions of the Land Acquisition Act, 1894 vide an award dated 25.11.2005.

4. It is an admitted fact that the petitioner neither sought reference under Section 18 nor applied under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894').

5. No doubt, other identically situated land owners did file applications under Section 18 of the Act of 1894. Consequently, the Court re-determined and enhanced the market value of the acquired land. In appeal, the High Court further enhanced the amount.

6. As per the provisions of the Act of 1894, an owner whose land has been acquired is given two opportunities if he is not satisfied with the assessment of the market value of the land made by the Land Acquisition Co

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