PARSINI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment, I dispose of two appeals i.e. R.F.A. No. 172 of 1991 titled Parsini Devi and others v. The State of Punjab and R.F.A. No. 1266 of 1991 titled Punjab Wakf Board v. State of Punjab and others, as both these appeals have arisen from the same judgment dated 24.11.1990, passed by the Court of Additional District Judge, Sangrur who awarded compensation with regard to Chahi at the rate of Rs. 60,000/- per acre while the market value of the gair mumkin land was determined at a rate of Rs. 40,000/- per acre. The trial Court also awarded the benefits to the land owners under Sections 23-(1A), 23(2) and 28 of the Land Acquisition Act.

(2.) THE brief facts of the case are that vide Notification No. 12737-6HB III/82/21131 dated 16.9.1983 under Section 4 of the Land Acquisition Act, 1984 followed by declaration under Section 6 of the Act vide Notification No. 9(187)-83/1/HBVI dated 12.12.1985, land measuring 81 Kanals 14 Marlas situated in the area of Sunam, Hadbast No. 28 was acquired by the State Government for public purposes i.e. for construction of Civil Hospital, Sunam, and the award was given by the Land acquisition Collector, Sunam, who assessed the market value of the chahi at the rate of Rs. 42,000/- per acre. The Land Acquisition Collector further assessed the market value of the Gair Mumkin land at the rate of Rs. 25,000/- per acre. The land owners were not satisfied with the award of the Land Acquisition Collector and they made the references under Section 18 of the said Act which were referred to the Court of the learned Additional District Judge, Sangrur, who called upon the parties to file their replies and decided the matter vide the impugned award dated 24.11.1990.

(3.) IT may be mentioned here that two more land references are sent to the Court of Additional District Judge for determination and all the references were consolidated.