STATE OF PUNJAB Vs. GHANAIYA

JUDGEMENT

(1.) This judgment of mine would dispose of Civil Revision Nos. 2234, 2235, 2236, 2237 and 2238 of 1979, as common question of law arises in all these petitions.

(2.) The Punjab State had acquired land measuring 97 kanals and 17 marlas situated in the revenue estate of village Budhmore, district Patiala for the construction of a bandh along the boundary of the State of Punjab and Haryana for the protection of the district of Patiala from floods. The Collector gave an award No. 148-P on August 10, 1977. Five claimants dissatisfied from the award filed applications under Section 18, read with Section 30 of the Land Acquisition Act which were referred by the Collector to the Additional District Judge for deciding the same. The said applications were contested on behalf of the State of Punjab. On the pleadings of the parties, the following issues were framed :-

(3.) The only contention raised before me by Mr. Boiparai, learned counsel for the petitioner was that there was no occasion for the learned Additional District Judge to have remanded the cases to the Collector for fresh decision. What was sought to be argued by him was that in case the Nagar Panchayat was found entitled to the compensation, then relief should have been granted in Nagar Panchayat's favour; but there was no justification for remitting the cases to the Collector specially when on the question of market-value it had been found that the award of the Collector did not suffer from any legal infirmity.