BACHAN SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) Identical question of law and facts are involved in these 12 Regular First Appeals bearing Nos.3712,3791, 3814,3822, 3823, 3738 of 1999,559, 632,633, 1169,41 and 171 of 2000, filed by the claimants against the award passed by learned Additional District Judge, Chandigarh, dated 24.8.1999, therefore, all the appeals are being decided by a common order. The facts ,however, are extracted from RFA No. 3712 of 1991 (Bachan Singh and others v. U.T. Chandigarh).

(2.) VIDE notification dated 8.7.1988, issued under Section 4 of the Land Acquisition Act,1894 (for short,'the Act'), land measuring 62.97 acres was acquired by the respondent for development of 3rd Phase of Chandigarh City.

(3.) THE land owners were not satisfied with the award, therefore, they filed objections under Section 18 of the Act, and sought references. It was alleged in the claim petitions that the acquired land has gained potentiality for urbanization which can be used for commercial as well as residential purposes. It is further submitted that there are developing sectors 44-45 on one side of the acquired land in which the Government has auctioned the plot of one kanal @ Rs. 25.00 lacs and the plot of 10 marlas @ Rs. 8/10 lacs respectively and on the other side of the acquired land, there are developed phases 8,9,10 and 11 of Mohali. Thus, the value of the acquired land was alleged to be not less than Rs. 50.00 lacs per acre. It was also averred that the Government has further allotted the land, to various societies after acquiring it, @ Rs. Rs. 665/- to Rs. 750/- per square yard.