NASIB SINGH AND OTHERS Vs. UNION TERRITORY

JUDGEMENT

(1.) Vide this order and judgment, I shall decide a batch of 79 appeals and one cross-objection, of which 40 appeals have been filed by the Union Territory, Chandigarh, and the rest 39 appeals and one cross-objection have been preferred by the claimant/landowners. For, the matter arises out of the same acquisition and the issues that require determination are common in all these appeals, these are being disposed of by a common judgment. However, by consensus the facts are being culled out from RFA No. 3188 of 2013, titled "Nasib Singh and others v. Union Territory, Chandigarh".

(2.) Vide notification, under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), published on 11.03.2005, a land measuring 214 kanals and 7 marlas, that formed part of the revenue estate of village Sarangpur, Union Territory, Chandigarh, was sought to be acquired for greenbelt, parks and social infrastructure. Final declaration under Section 6 was published on 09.03.2006. Vide Award No. 584, dated 27.12.2006, the Land Acquisition Collector assessed the market value of the acquired land at Rs. 25,76,121/- per acre. Being aggrieved of the assessment as also the compensation awarded by the Collector, the claimant/landowners filed objections under Section 18 of the Act. Resultantly, the dispute was referred to the Civil Court for determination of the true value of the acquired land.

(3.) On consideration of the matter in issue and the evidence on record, the Reference Court relied upon an earlier award dated 17.02.2012 (Ex. P-18), vide which the land situated in the adjoining village, i.e. Dhanas, was assessed at Rs. 54,95,459/- per acre. But as the notification under Section 4, in relation to the award dated 17.02.2012 (Ex. P-18), was issued on 30.01.2006 i.e. ten months later than the notification dated 11.03.2005, in the present proceedings, the Reference Court applied a 10% cut on the value of the land assessed vide award dated 17.02.2012 (Ex. P-18). As a result, the claimant/landowners were awarded compensation at Rs.49,46,000/- per acre. That is how, as indicated above, both the parties are in appeal before this Court. Of course, the Union Territory, Chandigarh, has appealed for setting aside the award rendered by the Reference Court, whereas the claimant/landowners seek further enhancement.