RACHAN SINGH Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) NOT feeling fully satisfied with the judgment of the learned Single Judge, the appellants have filed these appeals under clause X of the Letters Patent for further enhancement of the compensation granted to them in respect of the fruit trees planted on their lands.

(2.) THE land belonging to the appellants was acquired by the Administration for the purpose of creation of additional market yard and sanctioned foodgrain and vegetable market Sector 43, Chandigarh. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was published on 3.10.1979. Declaration under Section 6 of the Act was issued on 27.10.1979. The Land Acquisition Collector passed an award on 26.3.1981 in respect of the acquired land. A supplementary award was passed by him in respect of trees and structures standing on the land. In the reference applications filed by them under Section 18 of the Act, the learned District Judge enhanced the compensation in respect of the acquired trees. He also extended the benefit of Section 23(1A) to the claimants. In the Regular First Appeals filed by them, the learned Single Judge further enhanced the compensation in respect of the trees and granted 160% increase to the appellants over and above the award passed by the Land Acquisition Collector. The learned Single Judge also granted the benefit of amendment made in the Act of 1894 by the Land Acquisition (Amendment) Act, 1984.

(3.) THESE appeals were listed for hearing on 23.9.1997 but were adjourned because no one appeared to argue the case on behalf of the appellants. On 25.9.1997, also, the hearing was adjourned because none had appeared on behalf of the appellants. Today also, the appellants and their counsel are absent. We have heard Shri J.R. Mittal counsel for the respondents and have perused the award passed by the Land Acquisition Collector, the judgment of the Reference Court as also the impugned judgment. We have also perused the judgment dated 4.10.1988 passed by the learned Single Judge in R.F.A. No. 413 of 1984 'Rachan Singh son of Shadi Singh and Shadi Singh son of Wazira v. Union Territory, Chandigarh'.