DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GOVERNMENT of State of Punjab issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) on 3.12.1984, which was published on 6.12.1984 in the gazette to acquire 16.45 acres of land in the revenue estate of village Chand Baja, Tehsil and district Faridkot. This was followed by notification under Section 6 of the Act dated 22.7.1985. The land was acquired for a public purpose namely, realignment of Talwandi-Faridkot road and creating a bye-pass at village Chand Baja. The Land Acquisition Collector after having followed the prescribed procedure of law vide his Award No. 3 dated 26.11.1986 categorised the entire acquired land into three different categories and also awarded compensation for trees and tubewells etc. The awarded compensation reads as under :-

(2.) THE claimants were dis-satisfied with the extent of the amount of compensation awarded to them by the Collector. As such they preferred references under Section 18 of the Act before the learned District Judge. Faridkot. 18 references were made to the learned District Judge, Faridkot, which were disposed of by a common judgment dated 10.4.1991. The learned District Judge removed the categorisation of land as shown by the Collector and awarded uniform compensation at the rate of Rs. 40,000/- per acre to the claimants. However, no amount was increased on other counts i.e. for trees, tubewells etc. and standing crops.

(3.) WHILE claiming further enhancement of the awarded compensation, the claimants have relied upon the evidence which was led by them before the reference Court. The petitioners had produced two sale-deeds Ex. P.1 and Ex. P.2 and examined four witnesses PW 1 to PW 4 in support of their case. PW 3 Dhanna Singh retired S.D.O. had produced the site plan Ex. AW 3/A. To rebut this evidence, the State had produced sale-deeds Ex. D.1 to Ex. D.5 and had produced on record site plan Ex. DA and examined only one witness Gurdeep Singh Patwari as RW 1.