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2010 DIGILAW 1651 (PNJ)

Union of India v. Pritam Singh Jagpal

2010-05-12

RAKESH KUMAR JAIN

body2010
JUDGMENT Rakesh Kumar Jain, J, (Oral).:- This order shall dispose of 12 appeals bearing FAO Nos.349 to 354 and 356 all of 1998 (O&M) filed by Union of India and others and FAO Nos.456 to 460 all of 1998 (O&M) filed by the claimants/landowners. All the aforesaid appeals are directed against the order of learned District Judge, Ludhiana, exercising the powers of Arbitrator dated 22.12.1997, by which compensation for the acquired land of village Sherpur Khurd, District Ludhiana, has been assessed @ Rs.200/- per square yard after applying a cut of 1/3rd in the assessed compensation of Rs.300/- per square yard. 2. In brief, the facts of the case are that land of villages Sherpur Kalan, Dholewal, Daba and Gill, was acquired under Section 7 of Requisition and Acquisition of Immovable Property Act, 1952. The land of village Dholewal was assessed @ Rs.360/- per square yard, but the claimants were allowed compensation @ Rs.260/- after applying a cut of 1/3rd. 3. The claimants in the case of land of village Dholewal preferred FAO No. 269 of 1995 titled as Dr. Jagdish Parkash Vs. The Competent Authority Powers of Special Land Acquisition Collector, Jalandhar, which was decided on 5.7.2006 and is reported as 2006 (4) RCR (Civil) 711, in which cut of 1/3rd was found to be unsustainable and the claimants were awarded compensation to the tune of Rs. 390/- per square yard. 4. Both the parties are ad-idem that the present appeals filed by the claimants/landowners be also disposed off in terms of the order passed by this Court in the case of Dr.Jagdish Parkash (Supra), meaning thereby the deduction of 1/3rd be deleted and the claimants should be awarded compensation of Rs.300/- per square yard as originally assessed by the learned Arbitrator alongwith other benefits as determined in the aforesaid case of Dr.Jagdish Parkash (Supra). 5. Learned counsel for the appellants/claimants submitted that in that situation, the appeals filed by Union of India have to be dismissed. 6. In view of the above, the appeals filed by the appellants/claimants are disposed of in terms of the order passed by this Court in the case of Dr. Jagdish Parkash (Supra) holding them entitled to compensation @ Rs.300/- per square yards towards principal amount of compensation alongwith 9% interest from the date the amount became due till the date of its payment. Jagdish Parkash (Supra) holding them entitled to compensation @ Rs.300/- per square yards towards principal amount of compensation alongwith 9% interest from the date the amount became due till the date of its payment. Insofar as the appeals filed by the Union of India are concerned, the same are found to be without any merit and are dismissed, but without any order as to costs. -----------------