LAWS(P&H)-2010-12-480

STATE OF PUNJAB Vs. RAMESH DEVI (DECEASED)

Decided On December 08, 2010
STATE OF PUNJAB Appellant
V/S
RAMESH DEVI (DECEASED) Respondents

JUDGEMENT

(1.) This order will dispose of appeals bearing RFA Nos. 3205 of 1993 and 222 of 1995, as the same arise out of common acquisition. The landowners have approached this court seeking further enhancement of the compensation for the acquired land, whereas by filing appeal, the State of Punjab is seeking reduction thereof.

(2.) Briefly, the facts are that vide Notification dated 23.2.1981, issued under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act"), the land situated in the Village Ghalori, Tehsil and District Patiala, was acquired for construction of Patiala Bye Pass. The Land Acquisition Collector (for short, "the Collector"), assessed the compensation @ 1,00,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the value of the acquired land @ 1,60,000/- per acre in the case of Ramesh Devi and rejected the claim of Joginder Singh etc. It is these awards which are impugned in the present set of appeals.

(3.) Learned counsel for the State very fairly conceded that the claim made in the present set of appeals is squarely covered by the judgment of this court in RFA No. 1535 of 1991- Jaswant Kaur (deceased) through LRs and others vs The State of Punjab and another, decided on 10.11.2008, whereby compensation payable to the landowners for the land acquired vide same notification was further enhanced to 1,67,000/- per acre.