PRITHIPAL SINGH Vs. U.T.

JUDGEMENT

(1.) THIS order shall dispose of 26 Regular First Appeals bearing Nos.3066, 2115,2145, 2149 to 2154, 2161, 2222 to 2233, 2838 and 2450 of 2005 all filed by the claimants against the award of Additional District Judge, Chandigarh dated 11.1.2005 claiming compensation for the acquisition of super structures over the acquired land. However, for the sake of convenience, the facts are being extracted from RFA No. 3066 of 2005.

(2.) VIDE notification issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') dated 2.3.2001, 11 kanals 18 marlas of land in Village Jhumru and 30 Kanals 7 Marias of land in village Burail, U.T., Chandigarh was acquired. The Land Acquisition Collector, U.T. Chandigarh (for short 'the Collector") vide his award No. 549 dated 28.2.2002 awarded compensation @ Rs. 5,36,427/ - per acre and Rs. 4,41,600/ - per acre for land of villages Jhumru and Burail, U.T. Chandigarh respectively. In the process of acquisition of land, super structures over the land in question was acquired and were also compensated by the Collector but at rate of scrap which led to filing of Objections under Section 18 of the Act. The learned Reference Court while disposing of the Objections, observed that the claimants shall not be entitled for compensation in respect of unauthorized construction raised by them over the land acquired by the Government, however, they were held entitled to recover Rs. 2,500/ - for each hand pump. Provoked by the denial of enhancement in respect of compensation for super structures on the pretext of being unauthorized, the claimants have come up in appeals before this Court.

(3.) I have heard learned Counsel for the parties and have perused the record with their assistance.