STATE OF PUNJAB Vs. RAMANRAI

JUDGEMENT

(1.) These appeals are disposed of by a common judgment. The State has filed these appeals against the enhanced compensation. The respondents filed the appeals for further increase of compensation than awarded by the High court @ Rs. 1,60,000. 00 per acre. The learned counsel for the claimants, in fairness, have given up their claims for higher compensation on the basis of three transactions relied on before the High court - Exts. P-4, P-7 and P-9 dated 7/4/1979, 29/3/1978 and 26/6/1978 respectively. However, relying upon the judgment of the High court in respect of the lands which are marked in blue colour in the plan for which higher compensation was granted, while lands situated far away from the land in question, counsel for the claimants contended that since their lands are abutting the G. T. Road, they are entitled for higher compensation. They also sought to justify the grant of higher compensation by the High court on the ground that in previous batch of appeals arising out of Special Leave Petitions (C) Nos. 4376-4397 of 1989, 4400 of 1989 decided on 19-7-1995, the landowners had claimed compensation only at the rate of Rs. 1,50,000. 00 and this court confirmed the same. Therefore, the claimants in these cases are entitled to higher compensation, as the amount claimed by them was higher than Rs. 1,50,000. 00.

(2.) Having regard to the contentions raised by the counsel for the parties, the question is what will be the proper compensation payable to the claimants in these cases. Admittedly 58 acres, 3 canals 15 marlas were acquired by notification dated 10/8/1979. The Land Acquisition Officer determined the compensation for Block 'a @ Rs. 50,000. 00 and for Block 'b' at the rate of Rs. 36,000. 00 per acre. On reference under Section 18, the civil court enhanced the compensation to Rupees one lakh per acre for Block 'a' and Rs. 60,000. 00 for Block 'b'. On appeal, the learned Single Judge enhanced the compensation to Rs. 1,000. 00 per marla, in other words Rs. 1,60,000. 00 per acre.

(3.) What is to be determined is the market value of the acquired land prevailing as on the date of the publication of Section 4 (1 notification and not on the basis of the claim as such. The claim is the assessment of the value of the land made by the owner. According to him that would be the prevailing market value of the acquired land. The parties can claim higher amount but under the unamended Section 22 (2 of the Act the court is prohibited to award compensation higher than was claimed pursuant to the notice under S. 9 and 10 of the Act. The statutory prohibition, not to award compensation higher than what was claimed, itself shows that the court is not to award any amount in excess of the amount claimed. The court is enjoined under Section 23 (1 to determine the compensation of the acquired land as on the date of notification. In view of the fact that on earlier occasion, this court has confirmed the market value @ Rs. 1,50,000. 00 as limited by the owners in these cases, the claimants herein also would be entitled to the same amount of compensation, namely @ Rs. 1,50,000. 00 per acre. It is made clear that in earlier cases the State had not pressed for lesser amount than the one claimed in the statement of the claimants.