R.F.A. No. 259 of 1997 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.F.A. No. 259 of 1997 (O&M) Date of decision: 27.10.2010 Jit Ram and others .... Appellants vs Union Territory, Chandigarh .... Respondent Coram : Hon'ble Mr. Justice Rajesh Bindal Present:- Ms. Ekta Thakur, Advocate, for the appellants. Mr. Deepak Sharma and Ms. Lisa Gill, Advocates, for Union Territory, Chandigarh. RAJESH BINDAL, J This order will dispose of the RFA Nos. 259, 480, 2002, 2169, 2412, 2413, 2415, 2416 of 1997, 120, 121, 1505, 1506, 2190 of 1998, as the same arise out of common acquisition. The landowners have filed appeals seeking enhancement of compensation for the acquired land. Briefly, the facts are that Chandigarh Administration, vide notification dated 16.1.1987, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), acquired land measuring 50.58 acres, situated within the revenue estate of village Maloya, Union Territory, Chandigarh, for the rehabilitation of slum-dwellers. The Land Acquisition Collector (for short, “the Collector”), vide award dated 6.3.1987, determined the market value of the acquired land @ ` 85,000/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, Chandigarh, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ ` 2,00,000/- per acre. Vide notification dated 13.8.1987, issued under Section 4 of the Act, land measuring 3.21 acres, situated within the revenue estate of village Maloya, Union Territory, Chandigarh, was acquired, for construction of Houses for Scheduled Castes. The Collector, vide award dated 11.12.1987, determined the market value of the acquired land @ ` 85,000/- per acre. Aggrieved against the same, the land owners filed objections, which were referred to the learned District Judge, Chandigarh, who, keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ ` 2,00,000/- per acre. R.F.A. No. 259 of 1997 -2- Still dissatisfied with the amount of compensation, the landowners filed these appeals. Learned counsel for the appellants submitted that the compensation, as was determined by the learned court below for the acquired land, is not just and fair considering its location and potential. The area in the vicinity was fast developing and was located close to the already developed Sector-39, Chandigarh. The acquisition for second grain market and bulk material market had been carried out vide notification dated 30.8.1980. For the acquisition carried out for Para Military Force Complex, vide notification dated 6.4.1992, a sum of ` 4,57,800/- was awarded as compensation and a reasonable cut can be applied therefrom considering the fact that the acquisition in the present case was carried out about five years earlier. On the other hand, learned counsels for Union Territory, Chandigarh, submitted that value of the acquired land as assessed by the learned court below is just and fair. Vide notification dated 9.11.1987, the land pertaining to village Dadu Majra, was acquired for the purpose of dumping ground for refuge and debris. This court in RFA No. 2120 of 1995 – Smt. Maya Devi and others vs Union Territory, Chandigarh, 20.10.2008, upheld the award of the learned court below awarding compensation @ ` 2,00,000/- per acre. The location of the land pertaining to the aforesaid acquisition and the land in question is almost similar, though they are located at different places but outside the urbanised area of Chandigarh and beyond Patiala Ki Rao (a seasonal rivulet). Potential value of both the land was also similar. Heard learned counsel for the parties and perused the relevant referred record. Learned counsels for Union Territory, Chandigarh, was asked to produce a site plan showing the location of the land acquired vide different notifications as was referred to at the time of hearing. The same was produced in court. A perusal of the site plan shows that the location of the land acquired vide notification dated 9.11.1987 and the land value of which is under consideration in the present set of appeals is not very different. The land acquired vide notification dated 9.11.1987 for use as dumping refuge and debris as was subject matter of appeal in Smt. Maya Devi's case (supra), can be said to be even a little bit better located. Considering the fact that it was better located towards Chandigarh on one side of Patiala Ki Rao towards Chandigarh, whereas the land in question is located on the other side. This court in Smt. Maya Devi's case (supra), had upheld the award of the learned court below assessing the value of the acquired land vide notification dated 9.11.1987 @ ` 2,00,000/- per acre. It is also relevant to add here R.F.A. No. 259 of 1997 -3- that even the Collector in that case had assessed the value of the land @ ` 85,000/- per acre as is the value determined by the Collector in the present case. Considering the aforesaid facts, in my opinion, the assessment of ` 2,00,000/- per acre for the acquired land in question cannot be faulted with. Accordingly, the appeals are dismissed. 27.10.2010. (Rajesh Bindal) vs. Judge