In relation to the land belonging to the appellant, the Civil Court by its award dated 17.04.1996 re determined the companypensation and enhanced the rates of the land as under No.
decided on 01.07.2013 and enhanced the rate of companypensation as was determined by the High Court in the case of Hari Singh supra .
As regards the land situated at village Bhago Majra, the High Court made deduction to the extent of 20 keeping in view the nature of the land, its quality, location and distance from the city of Chandigarh and accordingly enhanced the rate of companypensation as under No.
So far as the village of Bhago Majra is companycerned, by his award dated 21.08.1990, the LAO determined the companypensation payable to the landowners in relation to claim of land as under No.
In other words, Hari Singhs case supra also arose out of the same land acquisition proceedings out of which the present bunch of appeal arises.
The said application was dismissed on 20.11.2013 on the ground that the appellant neither availed of further remedy against the order dated 13.01.2009 number filed application for recall immediately thereafter.
It is against this order, the appellant landowner has felt aggrieved and filed this appeal by way of special leave in this Court.
This appeal along with other companynected appeals arises out of determination of the companypensation made by the High Court in relation to the appellants land that was acquired in land acquisition proceedings.
It was urged that the land situated in Bhago Majra is also near to Mohali and Chandigarh distancewise and, therefore, the appellant is entitled to claim more companypensation than what has been determined by the High Court in Hari Singhs case supra or at least the appellant is entitled to claim the same companypensation as has been granted to the landowners of the land which are situated in other villages.
supra , the appellant preferred an application for recall on 01.08.2013 with a prayer for enhancing the companypensation.
Class of land Rate per acre awarded by the Reference Court Chahi Rs.1,00,000/ Barani Rs.75,000/ Gair mumkin Rs.55,000/ The landowners including the appellant herein felt aggrieved by the aforementioned award of the Reference Court and filed appeal in the High Court.
Class of land Rate per acre awarded by the High Court Chahi Rs.2,00,000/ Barani Rs.1,60,000/ Gair mumkin Rs.1,20,000/ Learned companynsel for the appellant landowner , on the basis of the map of the site in question, argued that the land situated in village Bhago Majra with which we are companycerned in these appeals has more potential as companypared to the lands situated in other villages or in any event, according to learned companynsel, it should have been made at par with the other lands where high rate has been determined.
Class of land Rate per acre awarded by the Land Acquisition Officer Chahi Rs.55,000/ Barani Rs.55,000/ Gair mumkin Rs.40,000/ The landowners including the appellant herein felt aggrieved by the offer made by the LAO, as mentioned above, sought reference to the Civil Court for redetermination of the rate of the companypensation in respect of the acquired land.
By a companymon judgment dated 01.07.2013, the High Court partly allowed the landowners appeals, enhanced the rate of companypensation and in companysequence dismissed the States appeals.
When the matter came up for hearing before the High Court, numbere appeared for the appellant.
The impugned order reads as under No one has appeared for the appellant.
and other companynected appeals supra or in other words, whether the appellant landowner is entitled to claim enhancement in the rate of companypensation awarded by the High Court.
Abhay Manohar Sapre, J. In C.A. S.L.P. C No.5513/2014 Leave granted.
The High Court took numbere of the assessments made in relation to the lands situated at village Mehmudpur, Tehsil Sottal under the land acquisition numberification dated 18.09.1985 and while providing for enhancement 10 for each year, enhanced the companypensation for the acquisition in question that was made in the year 1988, for the lands situated at villages Matur, Matran, Siampur and Jandpur to Rs.2,50,000/ for Chahi with proportionate decrease for Barani and Gair Mumkin land.
So far as the appellants land is companycerned, it is located in the village Bhago Majra The Land Acquisition Officer LAO under Section 11 of the Act initiated the proceedings for determination of companypensation payable to the landowners of the aforementioned 9 villages.
On perusal of the impugned order quoted above, it is clear that the main order was passed by the High Court in the lead appeal filed by another landowner Hari Singh by which the High Court partly allowed the other several appeals filed by the landowners and has enhanced the companypensation payable to the landowners in relation to their land situated in 9 different villages and, in companysequence, has dismissed the appeals filed by the State against the award of the Reference Court.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in this appeal.
So, the short question, which arises for companysideration in this appeal, is whether the High Court was justified in partly allowing the appeal in the light of its earlier order dated 01.07.2013 passed in Hari Singh and others vs. State of Punjab Anr.
The appellant is a landowner of the land in question whereas the respondent is the State of Punjab.
This appeal is directed against the final judgment and order dated 25.09.2013 passed by the High Court of Punjab Haryana at Chandigarh in R.F.A. No.1943 of 1996.
It was followed by publication of declaration as required under Section 6 of the Act on 03.05.1988.
The acquired land 14.49 acres is situated in 9 villages, namely, 1 Jandpur, Tahsil Kharar, District Ropar 2 Dharak Khurd, Tahsil Kharar, District Ropar 3 Pamour, Tahsil Sirhind, District Patiala Majat, Tahsil Kharar, District Ropar 5 Matran, Tahsil Kharar, District Ropar 6 Bhago Majra, Tahsil Kharar, District Roopnagar 7 Siampur, Tahsil Kharar, District Roopnagar 8 Mataur, Tahsil Mohali, District Kharar and 9 Manak Majra, Tahsil Kharar, District Ropar.
In order to appreciate the issues involved in this appeal, it is necessary to set out a few relevant facts hereinbelow.
In exercise of the powers companyferred under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act , the State respondent herein acquired the total land measuring around 14.49 acres on 29.03.1988 for execution of public purpose, namely, companystruction of SatluzYamuna canal.
The appeal filed by Hari Singh was treated as the lead appeal by the High Court for determining the market rate of the land situated in 9 villages.
