R.F.A. No. 4593 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 4593 of 2010 (O&M) Date of decision: 9.2.2011 Union Territory, Chandigarh .. Appellant vs. Raj Kumar .. Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjay Kaushal, Senior Standing Counsel with Mr. Deepak Sharma, Advocate for the appellant. Rajesh Bindal J. Union Territory, Chandigarh is in appeal against the award of the learned court below, seeking reduction in the amount of compensation awarded by the learned court below to the respondent on account of super structure existing on the acquired. Briefly, the facts are that vide notification dated 15.1.1999, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), 1.862 acres of land, situated in Hadbast No. 14 in village Dadumajra, U.T., Chandigarh was sought to be acquired for development of major institutions in the west of Sector 38, Chandigarh. The same was followed by notification dated 27.7.1999, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') awarded compensation of ` 4,01,896/- per acre for the acquired land. Vide supplementary award, the Collector declined to award any compensation on account of super structures existing on the acquired land. Dissatisfied with the award of the Collector, the land owner filed objection petition. On reference, the learned court below upheld the award of the Collector. At the time of hearing, learned counsel for the appellant stated that he has been instructed by Chandigarh Administration to withdraw the present appeal. Though notice in the appeal had not been issued, however, Mr. R.F.A. No. 4593 of 2010 [2] P.C.Dhiman, Advocate, who is present in court, pointed out that in the present case, the respondent, in fact, had not been awarded any compensation for the super structures by the Collector and the reference filed before the court below was dismissed. Meaning thereby that the respondent-land owner had in fact not been awarded anything, but still Chandigarh Administration filed appeal against the award of the court below. He submitted that RFA No. 1746 of 2010 filed by respondent- Mohinder Singh is pending in this court seeking compensation on account of super structures existing on the acquired land, wherein it has specifically been mentioned that no amount of compensation was awarded to the land owner on account of super structures existing on the acquired land. Considering the fact that the appeal filed by Chandigarh Administration was totally frivolous, the appeal is permitted to be withdrawn, however, considering non-application of mind at the stage of filing of appeal, the appellant is burdened with cost of ` 10,000/-, which shall be deposited on or before 30.4.2011 with the Mediation & Conciliation Centre in this court. The Administration shall be at liberty to recover the cost from the guilty officer. ( Rajesh Bindal ) Judge 9.2.2011 mk