RFA Nos.2860 of 2005 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA Nos.2860 of 2005 DATE OF DECISION: 01.07.2010 **** Randhir Singh Bhullar and another . . . . Appellants VS. Union Territory, Chandigarh through the Land Acquisition Collector, Sector 17, Chandigarh. . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.P.C. Dhiman, Advocate for the appellants. Ms.Lisa Gill, Advocate for the respondent (in RFA No.2860 of 2005) Mr.Deepak Sharma, Advocate for the respondent (in RFA No.2861 of 2005) **** RAKESH KUMAR JAIN J. (ORAL) This order shall dispose of 2 Regular First Appeals numbers RFA No.2860 of 2005 titled as Randhir Singh Bhullar and another VS. Union Territory, Chandigarh through the Land Acquisition Collector, Sector 17, Chandigarh and RFA No.2861 of 2005 titled as Smt. Balwinder Kaur and another VS. Union Territory, Chandigarh through the Land Acquisition Collector, Sector 17, Chandigarh, having arisen out of the common impugned order/award of the Additional District Judge, Chandigarh dated 11.1.2005. Since the facts and law involved in both the appeals RFA Nos.2860 of 2005 - 2 - are similar, therefore, both are being disposed of together. The facts are, however, being extracted from RFA No.2860 of 2005. Briefly stated, the land of village Jhumru and Burail, U.T. Chandigarh was acquired vide notification issued under Section 4 of the land Acquisition Act, 1894 (for short ‘the Act’) on 02.03.2001 for the purpose of construction of Chandigarh – Ludhiana Broad Gauge Railway Line. The Land Acquisition Collector (for short ‘the Collector’) vide his award No.549 dated 28.2.2002 assessed the compensation of the acquired land @ Rs.5,36,427/- per acre for the land of village Jhumru and Rs.4,41,600/- per acre for the land of village Burail. Claimants in the aforesaid appeals filed objections against the award of the Collector, which were referred by the Collector to the Civil Court for adjudication along with large number of other references arising out of the same acquisition. The learned reference Court framed issues only with regard to the superstructure/tubewell etc only. No issue was framed with regard to assessment of compensation for the acquired land. The learned Additional District Judge, Chandigarh, vide his award dated 11.1.2005 only decided compensation with regard to superstructure, but nothing was decided in respect of the compensation for the acquired land. The only grievance of the learned counsel for the appellants is that since there is no decision by the learned reference Court with regard to assessment of the compensation for acquired land, therefore, the impugned award in relation to the present appellants be set aside and the matter may be remanded back to the learned reference Court to decide the question of enhancement of compensation over and above the amount awarded by the Collector in respect of land. RFA Nos.2860 of 2005 - 3 - Ms.Lisa Gill, Advocate appearing along with Mr.Deepak Sharma, Advocate for the respondent has raised no objection in this regard and are rather ad idem that the impugned award dated 11.1.2005 be set aside and the matter may be remanded back to the learned reference Court to decision the question of the compensation for the acquired land, in accordance with law. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, the impugned award dated 11.1.2005 passed by the reference Court/ Addl. District Judge, Chandigarh is hereby set aside and the matter is remanded back to the learned reference Court / Court of Addl. District Judge, Chandigarh to decide the question of compensation with regard to acquired land of the appellants, in accordance with law. With these directions, the present appeals are disposed of. (RAKESH KUMAR JAIN) 01.07.2010 JUDGE Vivek