PARMAL SINGH AND OTHERS Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) The landowners have approached this court through the present appeal seeking further enhancement of the compensation.

(2.) Briefly, the facts are that vide notification dated 21.7.1999, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), Union Territory, Chandigarh acquired 0.625 acres of land situated within the Hadbast No. 14, Village Dadumajra, Chandigarh, for Rehabilitation colony in West of Sector 38, Chandigarh and major institutional purpose . The Land Acquisition Collector vide his award dated 25.9.2001 assessed the market value of the acquired land @ " 7,46,888/- per acre. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 24.1.2008, determined the market value of the acquired land @ " 14,96,000/- per acre. It is this award which is challenged in the present appeal.

(3.) Learned counsel for the appellants submitted that award of the court below is not just and fair keeping in view the location and potentiality of the land. He submitted that the acquired land is surrounded by fully developed sectors but the court below has ignored all these factors while assessing the market value of the acquired land. The land in question was acquired vide notification dated 21.7.1999. Initially, for the land pertaining to this very village, acquired vide notification under Section 4 of the Act dated 29.8.1998, this Court had determined the value @ " 20,37,532/- per acre vide judgment in RFA No. 2989 of 2006 Union Territory, Chandigarh vs Behal Singh Gill and another, decided on 18.5.2010. Placing reliance thereon, the submission is that it is the left out portion of the large chunk of land acquired vide notification dated 29.8.1998 situated in the vicinity and the value thereof should be assessed at the same rate by granting further increase @ 12% per annum for the time gap in the two notifications which is about one year.