Punjab-Haryana High Court
State Of Punjab And Ors vs Dharam Singh And Ors on 2 August, 2024
Neutral Citation No:=2024:PHHC:099266
223
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No. 1666 of 1998 (O&M)
Date of Decision: 02.08.2024
State of Punjab and others
...Appellants
Versus
Dharam Singh and others
...Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Athar Ahmad, Deputy Advocate General, Punjab
for the appellants-State
State of Punjab.
Mr. R.S. Manhas, Advocate
for the respondents-landowners.
landowners.
****
HARKESH MANUJA, J.
The
e appellants / State of Punjab has preferred the
present appeal under Section 54 of the Land Acquisition Act, 1894
(for short "the Act"), seeking setting aside of the award dated
16.01.1998 passed by learned Additional District Judge, Gurdaspur
Court"), while restoring
(hereinafter to be referred as "Reference Court")
(hereinafter
the award dated 21.12.1995 passed by the Land Acquisition
Collector, Ranjit Sagar Dam Project / Shahpurkandi Dam Project,
Shahpurkandi Township (for short "LAC")
"LAC").
[2] Briefly stating, in
n pursuance of Punjab Govt. Notification
under Section 4 of the Land Acquisition Act, 1894 (for short "the
Act") issued on 01.02.1993,, followed by Notification dated
17.09.1993 under Section 6 thereof, land measuring 173.40 acres in
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Village Haroor, 40.21 acres in Village Barkula, 54.96 acres in Village
Rajpura (Total area - 268.57 acres), was acquired. The public
purpose for acquisition of the land was "construction of Shahpurkandi
Hydel Channel including Power House No. I apartment works from
(revised) RD 2219 to RD 4000 mtrs. (original) RD 2619 to 4400 mtrs.
The LAC, vide Award No.10, dated 21.12.1995, assessed the market
value of acquired land on different rates in view of its nature and
quality.
[3] Dissatisfied with the aforesaid Award, landowners /
interested persons filed objections under Section 18 of the Act, which
were decided vide award dated 16.01.1998 by the Reference Court,
whereby the market value of the acquired land was assessed @
Rs.1000/- per marla, besides granting statutory benefits.
[4] Aggrieved thereof, both the parties preferred appeals
before this Court, which were decided, except the matter in hand vide
judgment dated 01.04.1999, passed in RFA No. 1927 of 1992, titled
"Punjab State and others Versus Thuru Ram", and remitted the
matter to the Reference Court for re-decision.
[5] It may also be pointed out here that even the cross-
appeals filed by the State were also disposed of by setting aside the
Reference Court's award and the matter was remanded back for
re-adjudication. It appears that somehow the present appeal still
remained pending.
[6] On the other hand, pursuant to the order dated
01.04.1999 (supra) passed by this Court, the Reference Court re-
decided the land references on 31.03.2001 and being dis-satisfied
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with the same, the landowners as also the respondents in this appeal,
filed appeals against the said award. Not only this, the appeals filed
by the claimants / land-owners even in the second round have since
been decided by this Court vide decision dated 16.03.2009, passed
by this Court in RFA No. 4525 of 2001, titled "Thuru Ram Versus
State of Punjab and others" and other connected cases. That being
so, nothing survives in the present appeal, which indeed is rendered
infructuous.
[7] Disposed off as infructuous.
[8] Pending miscellaneous application(s), if any, shall also
stand disposed off.
August 02, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking / Reasoned : Yes No
Whether Reportable : Yes No
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