In the High Court of Punjab & Haryana at Chandigarh

R. F. A No. 400 of 1993 (O&M)

State of Punjab and another

..... Appellants

vs

Gurmit Singh and another

..... Respondents

Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Vivek Chauhan, Assistant Advocate General, Punjab.

Rajesh Bindal J.

The State is in appeal before this court against the award of the

learned court below passed under Section 18 of the Land Acquisition Act,

1894 (for short, 'the Act') seeking reduction in the compensation for the

acquired land.

Briefly, the facts of the case are that the State of Punjab vide

notification dated 1.3.1988 published on 21.3.1988 issued under Section 4

of the Act, acquired the land situated within the revenue estate of Village

Lochma, Tehsil Rajpura, District Patiala, for construction of Kathakheri

minor. The Land Acquisition Collector vide his award dated 25.1.1989

assessed the fair value of the land at Rs. 60,000/- per acre for chahi/Abi,

Rs. 50,080/- per acre for rousli and Rs. 35,040/- per acre for gair mumkin

kind of land. On reference under Section 18 of the Act, the learned court

below, determined the compensation at Rs. 15,000/- per bigha for chahi/abi,

Rs. 7,500/- per bigha for rousli, and Rs. 6,000/- per bigha for gair mumkin

kinds of land.

Learned State counsel very fairly conceded that the claim made

in the present appeal is squarely covered by the judgment of this court in

R. F. A. No. 288 of 1993 State of Punjab vs Bachni and others decided on

4.12.2008, whereby the compensation as awarded by the learned Reference

Court was upheld.

Since this court had upheld the award of the learned Reference

Court in Bachni's case (supra), the present appeal does not survive.

Accordingly, the same is dismissed.

5.2.2009

( Rajesh Bindal)

vs.

Judge