AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of 2 appeals bearing RFA No. 1822 of 1993 titled as 'Ajmer Singh and others v. The State of Punjab' and RFA No. 1367 of 1993 titled as 'The State of Punjab v. Ajmer Singh and others' having been filed by both the claimants and the State against the award of the learned Additional District Judge, Ropar, dated 23.12.1992. However, facts of the case are being extracted from RFA No. 1822 of 1993 titled as 'Ajmer Singh and others v. The State of Punjab'.

(2.) VIDE notification issued under Section 4 of the Land Acquisition Act, 1894 [for short "the Act"] dated 13.09.1985 followed by notification issued under Section 6 of the Act, land measuring 49.62 acres of village Majat, Tehsil Kharar, District Ropar was acquired. The Land Acquisition Collector [for short "Collector"] gave two separate awards, one for the land i.e. award No. 61- R/SYL dated 13.03.1986 and the other for the trees standing on the land i.e. award No. 62- R/SYL dated 13.03.1986. In the present case, the dispute is with regard to the compensation awarded for trees. The Collector awarded compensation to the tune of Rs. 63,598/- for fruit trees and Rs. 3,16,322.79 paise for trees other than fruit trees. The total acquired trees were 449 kinnow trees (in fact the No. is 447), 2600 eucalyptus trees and 3 shisham trees.

(3.) NO one has come forward to argue the appeal filed by the claimants. However, the Court has considered grounds which have been taken in the memo of appeal, in which it has been alleged by the claimants that the compensation has been given for 2 crops instead of 3 crops and as the orchard is falling within 1 Kilometer from the main road and 8 Kilometers from the municipal limits, the higher amount of value of 10% should be given. Counsel for the State, while arguing the State appeal, has prayed for reduction of the amount of compensation by alleging only that the compensation has been awarded on the higher side.