UNION TERRITORY, CHANDIGARH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This bunch of 11 appeals, out of which 07 appeals bearing Regular First Appeal Nos.5519 to 5525 of 2009 filed by the Union Territory, Chandigarh and the remaining 04 appeals bearing Regular First Appeal Nos.3283, 3891, 3892 & 4086 of 2010, filed by the land owners, is being decided together vide this common order, as all these appeals arise out of the same acquisition and raise identical questions of law and facts. However, with the consent of learned counsel for the parties and for the facility of reference, facts are being culled out from RFA No.5519 of 2009 (Union Territory, Chandigarh and Mohinder Singh).

(2.) Undisputed facts, which are necessary for disposal of these appeals, are that Union Territory, Chandigarh sought to acquire 2.50 acres of land at public expense for public purpose namely; "for construction of alternative route No.3 to Panchkula". Accordingly, notification under Sections 4 & 6 read with Section 17 of the Land Acquisition Act, 1894 (for short 'the Act') came to be issued on 14.02.2001, invoking the urgency clause. The abovesaid land was situated within the revenue estate of Mani Majra. Land Acquisition Collector, vide his award No.553 dated 02.12.2002, granted compensation to the land owners at the uniform rate of Rs.9,20,120/- per acre. Dissatisfied, the land owners filed their objections under Section 18 of the Act and as a consequence thereof, as many as 07 land references were forwarded, which came to be decided together by the learned reference Court vide its common award dated 16.07.2009, granting the compensation to the land owners at the uniform rate of Rs.18,07,000/- per acre.

(3.) Both the parties felt aggrieved against the abovesaid impugned award passed by the learned reference Court. Union Territory, Chandigarh has filed 07 appeals, seeking reduction in the amount of compensation awarded by the learned reference Court, whereas remaining 04 appeals have been filed by the land owners, seeking further enhancement in the compensation for their acquired land.