NAND LAL DHINGRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment I would be disposing of Regular First Appeal Nos. 2715 of 1989 and 2361 of 1989 filed by the claimants as well as Regular First Appeal Nos. 2716 of 1989 and 2717 of 1989 filed by the State of Punjab as all these appeals arise out of common notifications issued under Section 4 of the Land Acquisition Act (hereinafter referred to as "the Act"). The claimants have sought enhancement of compensation whereas the State has come up claiming reduction of compensation.

(2.) The facts leading to the filing of these appeals be noticed in detail; Land measuring 35 Acres, 2 Kanals and 1 Marla in Panchhawali (Fezilka) including 2 Acres, 2 Kanals and 6 Marlas belonging to the claimants was sought to be acquired by the State of Punjab by issuance of two notifications each under Sections 4 and 6 of the Act on 3rd August, 1973 and published on 6-8-1973 respectively for the purpose of establishing a New Mandi Township at Fazilka, District Ferozepur.

(3.) The urgency provisions were invoked and possession was actually taken from the claimants on 20th August, 1973. The above-mentioned notifications were challenged by the claimants by filing Civil Writ Petition No. 3465 of 1973 which was decided by R.N. Mittal, J. on 19th November, 1976. The Notifications were quashed. Letters Patent Appeal filed by the State of Punjab was dismissed on 8-8-1978. According to the judgments of this Court the claimants were held entitled to get back possession of their land whereas they were to refund the compensation amount received by them on January 22,1974 in pursuance of the Award given by the Land Acquisition Collector. It is the admitted case between the parties that neither the petitioners got back their land nor did they refund the compensation amount. On the other hand, the land of the claimants measuring 18 Kanals, 6 Marlas was acquired by issuance of a notification dated 7th March, 1979 under Section 4 of the Act followed by section 6 notification issued on November 30, 1979 giving rise to the award of the Collector date February 23, 1983 granting compensation at Rs. 90,000/- per acre (Rupees 200 per square feet). It may be observed at this stage that in the present cases the claimants are concerned with the entire above-mentioned land except 11 Marlas which was sold by Sudhir Kumar claimant to certain persons whose references are pending before the Land Acquisition Court. It may further be observed at this stage that this Court while assessing compensation would be basing its award on the basis of valuation at the rate of square feet instead of square yard as the evidence regarding valuation has been led in the shape of square feet.