shik v. Union Territory, Chandigarh
2009(2) LAW HERALD (P&H)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajesh Bindal
R. F. A. No. 3921 of 2007 (O&M)
Arunash Chander Kaushik
v.
Union Territory, Chandigarh
{Decided on 10/02/2009}
For the Appellants: Mr. P. C. Dhiman, Mr. D.S.Raghu, Mr. R. K. Dhiman, Mr. Pritam Saini, Mr. Rajesh Kumar and Mr. Naresh Kaushal, Advocates.
For Union Territory, Chandigarh: Mr. Deepak Sharma, Mr. Vishal Sodhi, Mr. Sanjiv Ghai, Mr. Gurinderjit Singh and Mrs. Lisa Gill, Advocates.
(A) Land and Property Law--Acquisition of land--Compensation--Acquisition being one year, one month and 17 days later after compensation settled by Court in same village--Enhancement of 12% granted in value--|Land Acquisition Act, 1894, Section 18. (Para 9)
(B) Land and Property Law--Acquisition of land--Compensation--Different valuation of land recorded as Gair Mumkin Nadi, Choe and Khadan in the revenue records--Regular survey of the area was conducted and Khasra Girdwaris were prepared--Quality of acquired land recorded on basis of such khasra gidwaris cannot be faulted--|Land Acquisition Act, 1894, Section 18. (Para 6)
(C) Land and Property Law--Acquisition of land--Compensation--Enhancement of--Not restricted to amount claimed in named of appeal--Appellant's omission to made appropriate claim after paying the requisite court fee cannot be castigated as one lacking bonafide--Land Acquisition Act, 1894, Section 18. (Para 11)
