UNION OF INDIA Vs. HARINDER PAL SINGH

JUDGEMENT

(1.) Applications for substitution in Civil Appeal Nos. 3010/03, 3152-80/03 and in 3343-3554/99 are allowed.

(2.) All these appeals relate to the acquisition of 3512.33 acres of land comprised in five villages, namely, Hamidpur, Gumanpura, Khurmania, Kathania and Wadala Bhitewad pursuant to several notifications dated 1st June, 1977, 22nd July, 1977, and 5th May, 1978, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) for extension of the Cantonment at Amritsar. The Collector passed his award in respect of the acquired lands on 28-3-1978 after classifying the lands in question into four categories namely :-

(3.) A batch of appeals was filed against the decision of the Additional District Judge, Amritsar. In the R.F.As. involving 721.3837 acres in Hamidpur, after taking into account the potentiality and the nature of the lands, including their proximity to G.T. Road and other connecting roads and the other sale deeds filed before him, the learned single Judge of the Punjab and Haryana High Court fixed the market value of the lands in question at a uniform rate of Rs. 16,500/- per acre. The same rate was fixed for the lands in Ghumanpura. LPAs were filed against the order of the learned single Judge in respect of village Hamidpur and Ghumanpura. The other RFAs in respect of the lands comprised in village Kathania and Wadala Bhitewad were pending consideration when the LPAs were taken up for consideration by the Division Bench. Considering the fact that the appeals all related to more or less simultaneous acquisition of the lands comprised in the five villages for extension of the Amritsar Cantonment, the Division Bench took up the RFAs for consideration along with the LPAs and disposed of all the matters by its findings and judgment in the leading case being LPA No. 729/85.