HARCHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State of Punjab acquired huge chunk of land in villages Kambali and Kambala for extension of industrial focal point Mohali (S.A.S. Nagar) which is on the outskirts of Union Territory of Chandigarh vide notification under Section 4 of the Land Acquisition Act (for short the 'Act') dated 4.2.1981. In village Mataur and Sohana the State Government vide notification under Section 4 of the Act dated 20.11.1980 acquired another chunk of huge area for residential-cum-commercial urban estate Mohali. The Land Acquisition Collector for the acquisition of the first two aforesaid villages namely Kambali and Kambala gave his award dated 22.12.1983 fixing compensation at different rates according to the agricultural quality vary from Rs. 85,000/- per acre to Rs. 7,500/- per acre and for the remaning two villages namely Mataur and Sohana gave award on 12.7.1984 at rates varying from Rs. 34,000/- per acre to Rs. 10,000/- per acre.

(2.) The claimants sought references under Section 18 of the Act against the awards and the District Court awarded compensation for the first two villages for Gair Mumkin and Banjar Qadim at Rs. 25,000/- per acre and for other qualities of land @ 85,000/- per acre and regarding other two village for Banjar, Rasta and Chhapar fixed at Rs. 25,000/- per acre and for other qualities at the rate of Rs. 80,000/- per acre. The claimants were not satisfied and filed appeals in this Court. Some of the appeals came up for hearing before two learned Single Judges of this Court. For village Kambala, I.S. Tiwana, J. fixed compensation for the entire acquired land at a flat rate of Rs. 85,000/- per acre. Some appeals of village Kambala came up for hearing before N.C. Jain, J. and he allowed compensation for Gair Mumkin and Banjar Qadim land @ Rs. 1,16,700/- per acre and for the remaining land allowed compensation at the rate of Rs. 1,75,700/- per acre. Both the learned Judges had allowed additional amount of 12% solatium at the rate of 30% and interest at the rate of 9 and 15% according to the amended provisions of the Act.

(3.) Some appeals of village Mataure came up for hearing before N.C. Jain, J. who allowed compensation of the acquired land at a flat rate of Rs. 90,000/- per acre. The appeal of village Kambali also came up before N.C. Jain, J. who enhanced compensation for the entire acquired land at a flat rate of Rs. 1,75,000/- per acre. The claimants were also allowed the benefit of provisions of Section 23(1-A), Section 23(2) and Section 28 of the Act.