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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Pritam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARKESH MANUJA, J.
By way of present appeal, challenge has been laid to an award dated 02.08.2001 passed by the learned Reference Court-cum-Addl. District Judge, Gurdaspur.
2. Briefly stating, in the present case, some land owned by the appellant situated in the revenue estate of Village Tharra Jhikla Teeka Doong, Tehsil Dhar Kalan, Pathankot (erstwhile district Gurdaspur) came to be acquired vide notifications dated 23.06.1995 and 24.11.1995 issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The acquisition was carried out for public purpose, namely, for Hydel Channel of Shahpurkandi Dam Project. At the time of acquisition, certain construction was already existing over the land in question regarding which award was passed by Land Acquisition Collector (for short 'the LAC') on 12.03.1998 granting compensation to the tune of Rs.2,30,885/- to the landowner(s). Being aggrieved thereof, the appellant-landowner sought reference under Section 18 of the Act which came to be dismissed. Aggrieved of the decision dated 02.08.2001, the present appeal has been preferred.
3. Learned counsel for the appellant submits that
The principle of parity in compensation for land acquisition mandates that similar cases receive similar compensation rates to ensure fairness.
Valuation of properties in land acquisition cases should be based on current market guidelines and not on outdated guidelines, considering the difference in years and the prevailing market conditions....
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