STATE OF PUNJAB AND ORS. Vs. THURU RAM

JUDGEMENT

(1.) Leave granted.

(2.) The Judgment dated 06.05.2015 passed by the High Court of Punjab and Haryana at Chandigarh in R.F.A. No. 2435 of 1996 is called in question by the State of Punjab on the ground that the compensation ordered to be paid in respect of the fruit trees standing on the acquired land is liable to be reduced substantially.

(3.) Land of the respondent was acquired along with trees standing on it for construction of Hydel Channel. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act ') was issued on 12.01.1990 and the declaration under Section 6 of the Act was made on 28.02.1990. The Land Acquisition Collector passed the supplementary award awarding compensation of the fruit trees standing on the acquired land on 10.03.1993. Reference Court had rejected the reference sought by the respondent holding that the award made by the Land Acquisition Collector was proper and correct. The respondent approached the High Court of Punjab and Haryana by filing the appeal which came to be allowed by the impugned judgment and reference was accepted awarding compensation to the tune of Rs. 5,77,377/- for the standing trees on the acquired land along with other statutory benefits as per Sections 23(1-A), 23(2) and 28 of the Act. Hence, this appeal by the State.