PUNJAB STATE ELECTRICITY BOARD Vs. KEWAL SINGH

JUDGEMENT

(1.) By this common order, we propose to decide five connected Letters Patent Appeals bearing Nos. 543 to 545, 1601 and 562 of 1991, as common questions of law and fact arise in all these appeals. Brief facts for deciding the limited question raised in these appeals have, however, been extracted from LPA No. 562 of 1991.

(2.) Pursuant to notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') issued on Dec. 7, 1977, land measuring 66 Kanals 17 Marlas situated in village Kahlwan, Tehsil & District Jalandhar, was acquired for construction of 132 KV Sub Station, Kartarpur at Village Kahlwan, by the Punjab State Electricity Board. Land Acquisition Collector assessed the market value of the land at the relevant time, i.e. on the date when notification under Sec. 4 of the Act was issued @ Rs. 113.00 per marla. Dissatisfied with the inadequate compensation assessed by the Land Acquisition Collector, claimants, who are respondents in the present appeals, maintained reference under Sec. 18 of the Act. Learned Additional District Judge enhanced the market value from the one assessed by the Land Acquisition Collector to Rs. 264.70 per marla. Aggrieved, PSEB filed FRA culminating into order of Learned Single Judge dated March 1, 1989 vide which, even though market value assessed by the Learned Additional District Judge was upheld, respondents herein were held entitled to grant of Statutory benefits of the amended provisions of the Act, i.e. Sections 23 (1-A), 23(2) and 28.

(3.) Inasmuch as, in view of the PSEB, claimant-respondent was not entitled to the benefit of amended provisions of the Act, PSEB maintained an application under Sec. 151 read with Sec. 152 of the Civil Procedure Code, which resulted in partial success. Vide orders dated Feb. 21, 1991, Learned single Judge disposed of the application aforesaid with the observations that claimants were not entitled to the statutory benefit of amended provisions contained in Sec. 23(1-A) of the Act as award was rendered by the Land Acquisition Collector on April, 26, 1978 i.e. prior to April 30, 1982. Learned Single Judge relied upon a decision of the Apex Court in Union of India Vs. Mr. Filip Tiago De Gama, 1990(2) RRR 146 (SC) : 1990(1) SCC 277 , for partly accepting the aforesaid application filed by the appellants. It is against this order of the Learned Single Judge that the present LPAs have been filed.