RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order I dispose of as many as 18 RFAs bearing Nos. 4099 of 1998 (Raj Kumar and others v. State of Punjab and another), 2845 of 1998 (Joginder and others v. Union of India and other, 2840 of 1998 (Shamsher Singh and others v. Union of India and others), 3451 of 1998 (Roda Singh v. State of Punjab and another), 4127 of 1998 (Nihal Kaur v. State of Punjab and others), 3452 of 1998 (Nihal Kaur v. State of Punjab and others), 3729 of 1998 (Paramjit Singh and others v. State of Punjab and another), 3730 of 1998 (Guna Devi v. State of Punjab and another), 4051 of 1998 (Harnek Chand and another v. State of Punjab and another), 3835 of 1998 (Harnek Chand v. State of Punjab and another), 4806 of 1998 (Bhagwan Singh and others v. State of Punjab and another), 3473 of 1998 (Purshotam Dass v. State of Punjab and another), 3492 of 1998 (Chhajju Ram and others v. Union of India and others), 3467 of 1998 (Sher Singh v. State of Punjab and others), 3480 of 1998 (Data Ram and another v. State of Punjab and others), 3065 of 1998 (Savinder Kaur v. Union of India and others), 3151 of 1998 (Hardev Singh v. Union of India and others), and 3493 of 1998 (Rattan Singh v. Union of India and others), as all the appeals have arisen from a common notification.

(2.) THE State of Punjab issued notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) on 16.9.1988, published in the Punjab Government Gazette dated 30.9.1988, intending to acquire 498.03 acres of land in the revenue estates of villages Kheri Gujjran, Passiana, Bir Kheri Gujjran, Haji Majra and Sher Majra for the public purpose namely Defence of India. In furtherance thereto notification under Section 6 of the Act was issued on 13/16.3.1989. The entire land situated in the aforesaid villages was acquired and there was no variation of the land in question. The Land Acquisition Collector pronounced a common award dated 27.3.1991 in relation to the land of all the five villages and awarded compensation as follows :-

(3.) SO far as the compensation regarding the land is concerned, the learned counsel for the appellants rely upon the judgment dated 1.4.1999 passed in RFA No. 3745 of 1998 titled Union of India v. Babu Ram and others and submit that vide this judgment the Hon'ble High Court has awarded compensation of the land @ Rs. 4,48,159/- per acre for all the five villages and this is the best instance because the said judgment has arisen from the same notification. The learned counsel appearing on behalf of the Union of India, however, submitted that against the judgment of the Hon'ble Single Judge, the Union of India has filed L.P.A. which has been admitted and on the contrary the appeal of the land-owners against the judgment dated 1.4.1999 has been dismissed. Be that as it may, the judgment dated 1.4.1999 has not been set aside so far by any competent court of jurisdiction. Therefore, acting upon this judgment, it is hereby ordered that the value of the land of all the appellants shall be assessed at Rs. 4,48,159/- per acre and they shall be awarded compensation at this rate according to their shares in the acquired area.