ARUNASH CHANDER KAUSHIK AND ORS. Vs. UNION TERRITORY

JUDGEMENT

(1.) THIS order will dispose of a bunch of 275 appeals, as the same arise out of a common acquisition. RFA Nos. 336, 818, 1923 to 1931, 1935, 1963 1964, 2016 to 2019, 2030, 2314 to 2319, 2324, 2341, 2349 to 2355, 2491, 2507, 2634, 2768 to 2773, 3027 to 3039, 3042 to 3048, 3079, 3080 to 3082, 3229, 3230, 3234, 3235, 3282, 3404, 3427, 3468, 3473, 3500, 3517 to 3519, 3570, 3773, 3802 to 3805, 3828 to 3836, 3984 to 3989, 3996 to 4000, 4009, 4010, 4023, 4046, 4117, 4199 and 4200 of 2002, 103, 139, 144, 819, 845, 851, 1052, 1094 to 1096, 1345, 1556, 2572 to 2575, 4547, 4620 to 4624, 4735 to 4737, 4755 to 4763 of 2003, 54, 194, 202, 207, 314, 320 to 324, 350, 473, 889, 1019, 1187, 1578 to 1581 of 2004, 422, 2075, 2120, 2121 to 2123 of 2005, 1811, 2392 and 3921 of 2007 have been filed by the land owners seeking further enhancement of compensation. RFA Nos. 1726 to 1734, 1803, 1804 of 2002, 1150 to 1156 of 2003, 3902 to 3913 of 2003, 355 to 387, 494, 495, 730 to 742, 869,870, 1682 to 1684, 1686 to 1693, 1788, 2329 of 2004, 564 and 603 of 2005, 1862, 1863 and 3249 of 2006, 2365 and 3394 of 2007 have been filed by Union Territory, Chandigarh seeking reduction of compensation on account of acquisition of land. In RFA Nos. 3027 to 3038 of 2002, 3079 to 3082, 3234, 3235, 3282, 3427, 3517 to 3519, 3773, 3802 to 3805, 3828, 3829, 3831 to 3836, 3984 to 3989, 3996, 3998 to 4000, 4010, 4023, 4046 and 4117 of 2002, 103, 139, 144, 819, 851, 1094, 1096, 1345, 1556, 3902 to 3906 of 2003, cross objections have been filed by Union Territory, Chandigarh seeking reduction of compensation awarded to the land owners. In RFA Nos. 372, 730, 732, 736, 742, 869 and 1686 of 2004 cross objections have been filed by the land owners seeking further enhancement of compensation.

(2.) BRIEFLY , the facts of the case are that Chandigarh Administration vide notification dated 20.8.1998, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), acquired 182.87 acres of land forming part of the revenue estate of villages Nizampur Burail, Nizampur Kumbra, Kajheri and Jhumroo for development of third phase of Chandigarh. The same was followed by notification dated 16.11.1998, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the land at Rs. 8,28,7507 - per acre for village Nizampur Kumbra; Rs. 8,18,573/ - per acre for village Kajheri, Rs. 7,71,735/ - per acre for village Nizampur Burail and Rs. 4,98,102/ - per acre for village Jhumroo. The land owners feeling dissatisfied with the quantum of compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land in all the villages at Rs. 13,44,000/ - per acre. For low lying area as Khadan, Gair Mumkin Nadi and Choe, the learned court below assessed the market value of the acquired land at Rs. 5,59,992/ - per acre.

(3.) ANOTHER submission raised is that the learned court below has gone wrong in not granting same compensation for the entire acquired land and holding some part of the land to be low lying as Khadan, Gair Mumkin Nadi and Choe. The compensation therefore was assessed at a lower rate which was not required to be done, as all the land owners were required to be paid the same amount of compensation. It is for the reason that after acquisition, the land was transferred by Chandigarh Administration to the Cooperative Societies by specially mentioning therein that Chandigarh Administration will not be liable to level the uneven land. There different rate was not fixed for the low lying area. They referred to the statement of PW3 -Jasbir Singh.