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Friday, August 20, 1999

Hike in compensation for land acquisition

EXPRESS NEWS SERVICE  
CHANDIGARH, Aug 19: Disposing of 35 regular first appeals, Justice Swatanter Kumar of the Punjab and Haryana High Court today enhanced the compensation amount from Rs 3,87,200 per acre, earlier awarded by UT Additional District Judge, to Rs 4,35,600 per acre, for land acquired for residential-cum-commercial complex in pocket number 1 of Manimajra here.

Pronouncing the orders in the open court, Justice Kumar held: "The appeals preferred by the claimants are partly accepted without proportionate costs. Now the claimants would be entitled to receive compensation at the rate of Rs 90 per square yard (Rs 4,35,600 per acre), with all statutory benefits under Section 23 (1-A), 23 (2) and 28 of the Land Acquisition Act."

In his detailed order, Justice Kumar observed: "...because of the better location, potential, approach and that the authorities concerned are themselves auctioning the shop-cum-flats across the road at a very high rate, it will be just and fair to award higher compensation than the one awarded by the learned Additional District Judge".

Justice Kumar added: "I am of the considered opinion that it will be just and fair to grant compensation at the rate of Rs 90 per square yard to the claimants with statutory benefits."

Holding the appeals by the Chandigarh Administration (NAC, Manimajra) to be "devoid of any merit", Justice Kumar dismissed them "without any order as to the costs".

Earlier, 23 appeals were filed by NAC, Manimajra, claiming that the compensation amount was "unreasonable, and excessive". Restoration of the amount awarded by the Land Acquisition Collector was also urged. On the other hand, 12 claimants, in their appeals, had sought the enhancement of the amount. A notification for acquiring 29.7 acres of land from the revenue estate of Manimajra was issued by the UT Administration on May 25, 1989. Subsequently, the Land Acquisition Collector, awarded compensation at the rate of Rs 1,65,000 per acre to all the claimants, uniformly. Dissatisfied, the same was challenged before UT Additional District Judge.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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