RFA No. 2133 of 2007 (O&M) and other connected cases

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In the High Court of Punjab and Haryana at Chandigarh

Regular First Appeal No. 2133 of 2007 (O&M)

Date of Decision: 13.2.2014.

State of Punjab and others

.......Appellants

Versus

Vidya Bai

........Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Piyush Bansal, DAG, Punjab.

Mr. C.M.Munjal, Advocate,

Mr. S.P.S.Tinna, Advocate and

Mr. B.S.Sidhu, Advocate

for the land owners/claimants.

****

SABINA, J.

Vide this judgment, following RFAs filed by the State as

well as claimants would be disposed of as they relate to same

acquisition.

Appeals filed by the claimants

1.

RFA No. 1028 of 2008

2.

RFA No. 1029 of 2008

3.

RFA No. 1030 of 2008

4.

RFA No. 2572 of 2007

5.

RFA No. 2573 of 2007

6.

RFA No. 2574 of 2007

7.

RFA No. 2575 of 2007

8.

RFA No. 2576 of 2007

9.

RFA No. 2577 of 2007

10.

RFA No. 2578 of 2007

Singh Gurpreet

2014.02.21 10:47

I attest to the accuracy and

integrity of this document

chandigarh

RFA No. 2133 of 2007 (O&M) and other connected cases

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11.

RFA No. 2579 of 2007

12.

RFA No. 2141 of 2007

13.

RFA No. 2142 of 2007

14.

RFA No. 2143 of 2007

15.

RFA No. 2144 of 2007

16.

RFA No. 2145 of 2007

17.

RFA No. 2146 of 2007

18.

RFA No. 2147 of 2007

19.

RFA No. 2148 of 2007

20.

RFA No. 2681 of 2008

21.

RFA No. 2682 of 2008

Appeals filed by the State

1.

RFA No. 2426 of 2008

2.

RFA No. 2427 of 2008

3.

RFA No. 2428 of 2008

4.

RFA No. 2429 of 2008

5.

RFA No. 2430 of 2008

6.

RFA No. 4253 of 2007

7.

RFA No. 4254 of 2007

8.

RFA No. 4255 of 2007

9.

RFA No. 4256 of 2007

10.

RFA No. 4257 of 2007

11.

RFA No. 4258 of 2007

12.

RFA No. 4259 of 2007

13.

RFA No. 4260 of 2007

14.

RFA No. 4261 of 2007

Vide notification dated 3.10.1997 under Section 4 of the

Land Acquisition Act, 1894 ('Act' for short), land was sought to be

acquired for construction of Bam drain into Aspal drain. The Land

Singh Gurpreet

2014.02.21 10:47

I attest to the accuracy and

integrity of this document

chandigarh

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Acquisition Collector awarded compensation at the rate of

` 2,25,000/- per acre to the land owners.

Feeling dissatisfied with the compensation awarded by

the Land Acquisition Collector, the land owners sought references

under Section 18 of the Act.

On the pleadings of the parties, issues were framed by

the Additional District Judge.

The references sought by the land owners were disposed

of by the Reference Court vide four awards dated 30.1.2007,

28.2.2007 and 5.9.2007. The Reference Court had not enhanced

the market value of the land assessed by the Land Acquisition

Collector but had granted compensation on account of severance of

the acquired land. Hence, the present appeals by the State as well

as by the land owners.

Evidence is referred from RFA No. 2133 of 2007.

Learned State counsel has submitted that the amount of

compensation granted by the Land Acquisition Collector was liable

to be upheld. Moreover, the land owners were not entitled to

receive any compensation on account of severance of the acquired

land.

Learned counsel for the claimants, on the other hand,

have submitted that in fact, the land had been acquired for

construction of Bam drain and so far as village Dharangwala was

concerned, the Land Acquisition Collector had assessed the market

value of the acquired land at the rate of ` 2,80,000/- per acre. The

land owners of villages Arniwala, Gaddandob and Burj

Hanumangarh, in the present appeals, were also entitled to receive

compensation at the rate of ` 2,80,000/- per acre qua the acquired

land as had been awarded to the land owners of village

Singh Gurpreet

2014.02.21 10:47

I attest to the accuracy and

integrity of this document

chandigarh

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Dharangwala.

Admittedly, vide notification dat