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2000 Supreme(P&H) 1598

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Joginder Singh (Since Deceased) through his LRs. – Appellant
Versus
Punjab State through the Collector, Hoshiarpur – Respondent


Advocates Appeared:
For the Appellant : K.S. Dadwal
For the Respondent: Athar Ahmed

JUDGMENT :

HARKESH MANUJA, J.

1. This common judgment shall dispose of the aforementioned two connected Regular First Appeals, as they both involve common question of law and facts.

1.1. For convenience, the facts are being taken from RFA-504-2000 (O&M).

2. By way of present appeal, challenge has been laid to an Award dated 28.09.1999 passed by the Court of learned Additional District Judge, Hoshiarpur (for short “Reference Court”), whereby, reference petition preferred at the instance of landowner invoking Section 18 of the Land Acquisition Act, 1894 (for brevity “1894 Act”), was partly allowed.

3. Brief facts of the case are that some land owned by the appellant-landowner, situated in the revenue estate of Village Roran, District Hoshiarpur, was acquired vide notifications dated 23.02.1989 and 30.03.1989, issued under Sections 4 & 6 of the 1894 Act, for the public purpose namely, “proposed Kandhi canal.” The Land Acquisition Collector vide its Award dated 22.03.1991, assessed the market value of the acquired land at the rate of Rs.44.11 per marla for barani land, Rs.43.75 per marla for banjar qadin land and Rs.56.41 per marla for chahi land besides grant of other statutory benefits.

4.

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