LAWS(P&H)-2008-9-209

AMARJIT SINGH & OTHERS Vs. UNION TERRITORY, CHANDIGARH

Decided On September 17, 2008
Amarjit Singh and Others Appellant
V/S
UNION TERRITORY, CHANDIGARH Respondents

JUDGEMENT

(1.) This order shall dispose of Letters Patent Appeal Nos. 241 of 2004, 54 of 2006, 55 of 2006 and 56 of 2006, arising out of judgment of learned Single Judge of this Court on 29.07.1999 whereby a sum of Rs. 79/- per square yard was awarded as compensation of land owned by the appellants.

(2.) The Land Acquisition Collector has awarded Rs. 85,000/- per acre in respect of land acquired vide notification dated 10.12.1986 whereby 61.64 acres of land was acquired for residential purposes. The same was enhanced by learned District Judge vide award dated 24.07.1990 to Rs. 2 lacs per acre. However, in terms of the judgment of learned Single Judge, the total compensation payable to the land comes to Rs. 3,82,364/- per acre i.e. Rs. 79/- per square yard.

(3.) The learned Single Judge has recorded a finding that the land acquired is across the road of the land which since has been acquired vide notification dated 03.02.1978. Such land was subject matter of judgment Ex.P4 in respect of land acquired for extension of school. The said judgment was found to be of comparable instance and could be relied upon by the Court. The land which is subject matter of Ex.P4 was acquired vide notification under Section 4 of the Act dated 03.02.1978 wherein 1.01 acres of land was acquired for school. The compensation awarded was Rs. 116/- per square yard.