SAWARN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine would dispose of Regular First Appeals No. 1145 and 1832 to 1834 of 1988 filed by the landowner claimants, No. 774 to 796 of 1989 filed by athe State of Punjab and Cross Objections No. 27-CI of 1990 filed by the landowner in Regular First Appeal No. 779 of 1989 of State of Punjab relating to acquisition of land in village Sher Majra ( in short called 'Sher Majra cases') and Regular First Appeals No. 1435, 1820, 1458, 1659 to 1660, 1665 and 2337 of 1989, all filed by the landowner claimants relating to acquisition of land in village Pasiana (in short called 'Pasiana cases'. The landowners-claimamts have praye for enhancement of compensation awarded by the District Judge whereas the State of Punjab has souoght reduction thereof. All these appeals and Cross-Objections are being disposed of together as they arise out of a common notification dated 22 nd May, 1981 issued by the Government of Punjab under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'). Even the Land Acquisition Collector and the District Judge have determined the same amount of compensation, i.e. Rs. 50,000/- and Rs. 80,000/- respectively for both the chunks of land by their separate awards.

(2.) Land measuring 259 Kanals 1 Marla and 34.14 Acres (272 Kanals and a few Marlas), situated in village Sher Majra and Pasiana respectively has been acquired by issuance of the aforesaid notification for the construction of Patiala By-Pass. For determination of compensation, the District Judge has placed reliance upon an award Exhibit P40 given on 17-9-1987 by this Court in Mohinder Singh v. Union of India and others, LPA No. 442 of 1984. In that case, the Division Bench of this Court was evaluating the acquired land of villages Kheri Guljran, Bir Kheri Gujran, Haji Majra, Malo Majra, Damo Majra including the lands, situated in the present two villages, i.e., sher Majra and Pasiana. This Court was dealing with a notification dated 21-1-1977 issued under Section 4 of the Act. Since the land in the aforementioned villages was evaluated at Rs. 57,400/- per acre, the District Judge by his awards under challenge before this Court has given 10% per annum rise on account of price rise in view of the time gap of two notifications, i.e., 21-1-1977 and 22-5-1981 in the present case. This is how the District Judge has determined the market value of the acquired land in the present cases at the rate of Rs. 80,000/- per acre.

(3.) The claimants during the trial of the land references have produced sale deeds Exhibits P2 to P12, the chart of which is reproduced below: