Land acquisition: Court orders higher compensation for Maloya farmers

A local court has enhanced compensation for farmers of Maloya given in lieu of fruit bearing and non-fruit bearing trees on their land that was acquired in 2006 by the Chandigarh Administration for the rehabilitation of slum dwellers.

The court passed the order in a suit filed by three farmers who challenged the award pronounced by the administration in 2017.

It ruled that the farmers are entitled to get a 49 per cent increase in the valuation of the fruit bearing trees and double the amount in the case of non-fruit bearing trees.

The farmers said their land was acquired as per the Chandigarh Administration notification dated September 27, 2006, under Section 4 of the Land Acquisition Act, 1894. The land along with the fruit bearing and non-fruit bearing trees was acquired. They alleged that the compensation assessed by the administration was on the lower side. The respondent administration has not correctly assessed the market value of fruit bearing and non-fruit bearing trees of the claimants.

At the time of making assessment, no information was sent to the petitioners. The assessment of trees has not been made according to the age and size of the trees. The assessment has not been made on the basis of a formula not revised till date. The evaluation of the fruit bearing trees has not been correctly made on the basis of the price index keeping in view the year when the land was acquired. they claimed.

On the other hand the administration justified the formula while evaluating the award.

After hearing of the arguments, the court while relying upon various judgments of high courts said the claimants who were having non-fruit bearing trees and had not taken benefit of any crop thereof would be entitled to double of the amount assessed by the officials of the respondent.

As far as fruit bearing trees, the farmers are entitled to enhanced compensation keeping in view the increase in the price index.

In view of this, the farmers are entitled to get 49% increase in the valuation of the fruit bearing trees as assessed by the respondent, whereas for the compensation amount regarding non-fruit bearing trees, they are entitled to double of the amount of compensation as given in award. The farmers are also entitled to all the statutory benefits as per provisions of law.

The court said the petitioners were directed to submit their respective bank account numbers in the office of Land. Acquisition Collector and office of Land Acquisition Collector is directed to deposit the amount of claimants in their respective accounts.