Judgment:
VARINDER SINGH201408.14 12:33 RFA No.2409 of 1995 (1) I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.2409 of 1995 (O&M) Date of decision : 12.8.2014 Sarwan Singh and others .Appellants versus The State of Punjab .Respondent Coram: Hon'ble Mr.Justice Rajesh Bindal Present: Mr.Naresh Kaushal, Advocate, for the appellants.
Mr.Pavit Singh Mattewal, Addl.
Advocate General, Punjab.
Rajesh Bindal, J.
The claimants are in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking further enhancement of compensation for the acquired tubewell, kotha, bore, etc.existing on the acquired land.
Briefly, the facts of the case are that the State of Punjab vide notification dated 12.7.1984 issued under Section 4 of the Act, acquired land along with superstructure existing thereon situated in revenue estate of Village Mataur, Hadbast No.7, Tehsil Kharar, Distric Ropar (now District Mohali).for setting up of Urban Estate Mohali.
Notification under Section 6 of the Act was issued.
The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the tubewell, kotha, bore, etc.at ` 4,810/-.
Dissatisfied with the award of the Collector, the landowners filed objections.
On reference, the learned court below assessed the market value of the acquired tubewell and superstructure at ` 10,000/- instead of ` 4,810/-.
It is this award which is impugned in the present appeal.
Learned counsel for the appellants submitted that the amount of compensation for the tubewell and other superstructures existing on the acquired land is on lower side.
The claim was made to the extent of ` VARINDER SINGH201408.14 12:33 RFA No.2409 of 1995 (2) I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh 50,000/- as was assessed by the expert.
The Collector had granted meager compensation of ` 4,810/-.
On the other hand, learned counsel for the State submitted that the learned Court below had already awarded sufficient amount of compensation on account of acquisition of tubewell, kotha, etc.This Court is generally awarding 25% extra on the value of the tubewell and superstructures as assessed by the Collector.
In the case in hand, the learned Reference Court has already awarded ` 10,000/- as against ` 4,810/- assessed by the Collector.
Heard learned counsel for the parties and perused the paper book.
The Collector in the present case assessed the compensation for Tubewell and Kotha existing on the acquired land at ` 4,810/-.
The appellants claimed the value thereof at ` 45,000/-.
Generally the claimants always claim exorbitant amount.
The learned Court below has already awarded compensation to the appellants at ` 10,000/- for the tubewell, etc.existing on the acquired land as against ` 4,810/- assessed by the Collector.
There is no expertise available with this Court to assess minute compensation in such like cases.
The learned Court below having exercised the discretion to award compensation at ` 10,000/- by applying thumb rule, the same does not call for interference by this Court.
Accordingly, the appeal is dismissed.
12.8.2014 ( Rajesh Bindal ) vs Judge