SADHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been directed against the award of the Additional District Judge, Bhatinda dated 27.3.1984. The Punjab Government by notification dated 29.10.1976 issued under Section 4 of the Land Acquisition Act acquired an area measuring 2400 Bighas and 10 Biswas.

(2.) The land was situated in the revenue estate of Bhatinda and the same was acquired for the extension of Military Cantonment. After the determination of compensation by the Land Acquisition Collector, the Additional District Judge by his impugned award determined the market value of the acquired land at Rs. 15/- per square yard upto the depth of 100 Karams from Bhatinda-Mansa Road and also up to the last end of Khasra No. 3555. For the rest of the land the compensation was assessed at the rate of Rs. 8/- per square yard. While determining the compensation at the aforesaid rates, the Additional District Judge has placed reliance upon Exhibit. A.7, an award given by this Court in the case of Kapur Kaur and others v. Union of India.

(3.) Kapur Kaur filed a Special Leave Petition in the Hon'ble Supreme Court. Exhibit A. 7 the award given by this Court has been reversed by the Apex Court in Civil Appeal Nos. 3142-65 of 1986 to the extent that the market value of the acquired land has been determined at the rate of Rs. 17/- per square yard upto the depth of 500 metres and at the rate of Rs. 10/- per square yard beyond the depth of 500 meters. Since the award of the Additional District Judge is based upon Exhibit A. 7 which as has been observed above, has been reversed by the Apex Court, this Court while following the decision of the Apex Court in Kapur Kaur's case determines the market value of the lands upto the depth of 500 metres at the rate of Rs. 17/- per square yard and beyond 500 metres the compensation stands determined at Rs. 10/- per square yard. The appellants are further held entitled to the grant of statutory benefits of the amended provisions of Sections 23(2) and 28 of the Land Acquisition Act.