SMT. HARBHAJAN KAUR Vs. UNION TERRITORY

JUDGEMENT

(1.) THIS order shall dispose of a bunch of 29 appeals, as the same arise out of a common acquisition.

(2.) THE land owners are in appeal seeking further enhancement of compensation for the acquired land.

(3.) LEARNED Counsels for the land owners submitted that the learned court below while assessing the value of the acquired land, had relied upon awards (Ex. P26 and Ex. P28), pertaining to the land of Villages Burail and Kajheri, which is located close to the acquired land. The aforesaid awards were subject matter of appeal before this Court and against award (Ex. P28), in RFA No. 696 of 1998 Joginder Singh v. Union Territory, Chandigarh decided on 29.11.2006, this Court had further enhanced the value of the acquired land at Rs. 10,12,000/ - per acre. It was further submitted that no appeal was filed by Union Territory, Chandigarh against the aforesaid award. As against award (Ex. P26), this Court in RFA No. 2340 of 1998 Surjan Singh and Ors. v. Union Territory, Chandigarh decided on 24.9.2008, assessed the value of the acquired land at Rs. 9,85,000/ - per acre. The submission is that as the value of the land, the awards pertaining to which were relied upon by the learned court below, has been further enhanced by this Court, the amount of compensation payable to the land owners in the present set of appeals be also enhanced accordingly. To buttress the arguments further, it was pointed out that even the Collector had determined the same amount of compensation for the land pertaining to villages Kajheri and Burail acquired almost at the same time, meaning thereby even the Collector had found that the value of the land in that area was similar. It was further submitted that the land was strategically located, as it was sandwiched between the developed area of Chandigarh and Mohali. On one side, there are fully developed Sectors 38 to 41, whereas on the other side, it abuts Phase -VI of Mohali. Even village Palsora, to which the land belonged, was itself having all the amenities required for a comfortable living like sewerage, water, electricity, school, bank, market etc.