The State Of Punjab vs Harchal Singh (Dead) Through Lrs

Heard Mr. H.M. Singh, learned counsel for the appellant and Mr. Nikhil Goel, learned counsel for the respondent. The matter relates to the acquisition of the land owned by the respondent for public purpose. Notification under section 4 of the Land Acquisition Act was issued on 4.2.1981 for the acquisition of the land in question situate in village Kambali, Tehsil Kharar, District Ropar for the purpose of expansion of Industrial Focal Point Mohali. The Land Acquisition Officer by its award dated 22.12.1983 awarded a sum of Rs.85,000/- per acre for Chahi land. We are concerned only with Chahi land in these appeals and not other lands. On 2.9.1986, the District Judge maintained the award of Rs.85,000/- per acre as regards Chahi land was concerned. The matter was taken up on appeal by the State of Punjab. The respondent claimant also filed an appeal. Both the appeals were disposed of by the High Court by a common judgment on 18.1.1989. The High Court awarded the compensation at Rs.1,75,000/-

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We, therefore, have no other option except to dismiss the appeal. We also make it clear that the claimant shall also be entitled to all other statutory benefits under the amended provisions of the Land Acquisition Act as contained in Sections 23(1A), 23(2) and 28 of the Act. The High Court has also awarded cost of the appeal to the claimants. We affirm the same.

The Government having acquired the land in the year 1981, at least now pay the compensation and other benefits within three months from this date to the claimants.

In our opinion, there is absolutely no warrant for interference with the order passed by the High Court fixing the compensation at Rs.1,75,000/- per acre. The appeals accordingly stand dismissed. There shall be no orders as to costs.