HARDEEP SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) This judgment of mine shall dispose of Regular First Appeal Nos. 286, 287, 312, 414, 415 to 421, 442, 484, 825, 1461 and 1462 of 1989 all filed by the claimants as they arise out of common Award given by the Land Acquisition Court on 7-11-1988. The facts of the case which lie in a very narrow compass may thus be noticed :-

(2.) The State of Punjab in pursuance of notification issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act') published in the official gazette on 18-11-1982 acquired 24 Acres, 6 Kanals and 6 Marlas of Chahi/Ghair Mumkin land situated in the area of village Nawanshahar and village Karyam for the purpose of expansion of the New Mandi Township at Nawanshahar, tehsil Nawanshahar, District Jalandhar. The Land Acquisition Collector determined the market value of Chahi-Ghair Mumkin Land of Nawanshahar at the rate of Rs. 64,000/- per acre and for the acquired Chahi-Ghair Mumkin land of village Karyam at Rs. 50,000/- per acre. The land owners sought references under Section 18 of the Act and the Land Acquisition Court by its impugned Award determined the Market value of the acquired Chahi & Ghair Mumkin Land of Nawanshahar at the rate of Rs. 70,000/- per acre and for the Chahi & Ghair Mumkin land of village Karyam at the rate of Rs. 60,000/- per acre. The land owners feeling aggrieved against the Award of the Additional District Judge have come up in appeals before this Court.

(3.) The Additional District Judge after discarding the sale instances of the claimants and after making reference of sale instances produced by the respondents in the shape of Exhibits R.1, R.2, R.6 and RA determined the market value of the acquired land at the rate of Rs. 70,000/- per acre for Nawanshahar, and at the rate of Rs. 60,000/- per acre for the land of village Karyam on the basis of the report of the Deputy Commissioner made to the Collector. In other words, the Additional District Judge did not ultimately rely upon the sale instances produced by the State either, as the rates mentioned therein were short of the recommendations made by the Deputy Commissioner.