STATE OF PUNJAB Vs. BAKHSHISH SINGH

JUDGEMENT

(1.) IN this appeal, the State of Punjab challenges award of learned Additional District Judge dated November 12, 1981 vide which reference made by the respondents herein under Section 18 of the Land Acquisition Act, 1894 was partly allowed inasmuch as the compensation for acquired land was enhanced from Rs. 20,000/- per acre, as allowed by the Land Acquisition Collector vide award dated November 11, 1981, to Rs. 35,000/- per acre.

(2.) BRIEF facts of the case reveal that the State acquired 32 kanals of land for a public purpose, namely, for allotment of houses to weaker section of the society and landless workers in rural areas vide notification dated March 1, 1977 issued under Section 4 of the said Act. The Land Acquisition Collector determined the market value of the land @ Rs. 20,000/- per acre. Dis-satisfied with the compensation assessed by the Land Acquisition Collector, respondents sought reference under Section 18 of the said Act, with the result already indicated above.

(3.) THE parties did lead evidence on the crucial issue aforesaid and the claimants relied upon sale instance Ex. A2 of ten marlas of land which was sold for Rs. 2500/- as also Ex. A3 vide which once against ten marlas of land was sold for Rs. 2500/- on May 26, 1975. The rate per acre of these sale instances comes out to be Rs. 40,000/-. Appellant herein relied upon Ex. R2 to R6. Insofar as sale instances Ex. R2 to R6, relied upon by the State are concerned, no reliance can be placed upon the same for the reasons given by the learned Additional District Judge, namely, all these sale instances are located at far off distance.