UNION TERRITORY, CHANDIGARH Vs. BIMAL PARKASH

JUDGEMENT

(1.) The Union Territory, Chandigarh is in appeal before this court against the award of the learned court below seeking reduction in the compensation for the fruit/non-fruit bearing trees and superstructure existing on the acquired land.

(2.) The facts have been extracted from RFA No. 4812 of 2009. Briefly, the facts of the case are that vide notification dated 1.1.2001 issued under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act"), Union Territory, Chandigarh, acquired the land situated in revenue estates of Village Sarangpur, U.T Chandigarh along with fruit/non-fruit bearing trees and superstructure for the development of complex for important projects in village Sarangpur. The Land Acquisition Collector assessed compensation for the superstructures standing on the acquired land vide award dated 27.12.2002.

(3.) Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below granted total 25% increase on the market value of the superstructure and for the fruit bearing trees assessed the compensation as per Dr. Nijjar's formula. It is this award which is impugned before this court.