LAWS(P&H)-1989-3-40

UNION OF INDIA Vs. CHAMAN LAL ETC

Decided On March 02, 1989
UNION OF INDIA Appellant
V/S
CHAMAN LAL ETC Respondents

JUDGEMENT

(1.) THIS judgment of mine would dispose of Cross Objections No. 39/c-II of 1980 in F. A O. No. 467 of 1980 filed by Chaman Lal respondent No. 1 and Labhu Ram respondent No. 3 (since load and now represented by his legal representatives) as these arise out of the common award of the Senior Subordinate Judge dated March 27, 1980.

(2.) THE brief facts of the case are that land measuring 578 kanals 14 marlas situated in village Kathanian and land measuring 45 kanals 6 marlas situated in village Gumanpur, District Amritsar, was requisitioned by the District Magistrute, Amritsar, vide requisition dated clause 14, 1966 However, the land along with the super-structures was formally acquired, on March 27, 1970 Possession of the land was handed over to the representative of the Military Estate Officer on June 25, 1966 as the land was requisitioned for the defence of India. Special Land Acquisition Collector offered the following rates to the claimants whose land was acquired :.

(3.) SINCE no agreement could be arrived at between the Special Collector and the claimants, the matter went in arbitration of Senior Subordinate Judge, Amritsar, who, as has been observed above, vide his award under challenge, held the claimants to be entitled to the grant of compensation at the uniform rates of all kinds of land at Rs. 1500/-per kanal. I, by my judgment in F. A. O. No, 467 of 1980 given on January 25, 19s9 dismissed the appeal of Union of India As regards valuation of the land, it was observed by me while deciding F. A. O. No. 467 of 1980, that the compensation of Rs. 1500/-per kanal was fixed by the arbitrator in accordance with only sale-deed produced by the claimants. In view thereof this Court cannot go into the question of valuatisn of the land.