STATE OF PUNJAB AND ORS. Vs. RUPINDER SINGH
LAWS(P&H)-2001-9-128
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 10,2001

State of Punjab and Ors. Appellant
VERSUS
Rupinder Singh Respondents

JUDGEMENT

Bakshish Kaur, J. - (1.) This is an application under Sec. 149 read with Sec. 151 of the Code of Civil Procedure for depositing of the court fee in view of the directions given by this Court in R.F.A. No. 4933 of 1986. The relevant portion of the order passed in the said RFA reads as under: - "for the foregoing reasons the compensation of the acquired chahi land is enhanced to Rs. 60,000/ - while that of the Barani and of all types to Rs. 50,000/ - per acre. The claimants shall also be entitled to an amount equal to 12 percent per annum over and above the market value of the acquired land from the date of notification till the date of pronouncement of the award by the land Acquisition Collector or taking of the possession of the land, which ever is earlier, besides 30 percent solatium over and above the said market value. The claimants shall also be entitled to 9 per cent per annum, interest on the said compensation for the first year from the date of delivery of possession of the land and 15 per cent per annum for the subsequent years till its payment. The enhancement of compensation shall, however, be subject to court -fee paid and claim of each of the claimants -appellants in their respective appeals. Thus the appeals and cross -objections filed by the claimants are accepted to the extent indicated above but the appeals filed by the State for reduction in the amount of compensation are hereby dismissed. The parties are left to bear their own costs in view of the peculiar circumstances of the case."
(2.) Rupinder Singh was party to the R.F.A. No. 777 of 1986, decided by this Court on May 05,1989. The order passed therein in Annexure A -2 and it reads as under: - "This Regular First Appeal is covered by an award given in Regular First Appeal No. 493 of 1986 (State of Punjab and another v/s. Harjinder Singh) decided on June 2, 1988, by justice J.S. Sekhon. While deciding the above mentioned Regular First Appeal this Court determined the market value of the acquired chahi land at Rs. 60,000/ - and for other classes of land, the compensation was determined at Rs. 50,000/ - per acre. This Court was dealing with the same notification with which I am dealing. In fact in Regular First Appeal No. 493 of 1986, this Court was dealing with the case of another co -sharer. Following the award given by this Court in the above mentioned appeal, the appeal filed by the State of Punjab is dismissed with no order as to costs."
(3.) In view of the order dated June 2, 1988, the appellants wants to pay the court fee on the amount of compensation so that the amount of compensation is released in their favour.;


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