LAWS(P&H)-2012-7-96

KRISHNA Vs. LAND ACQUISITION COLLECTOR DASUYA

Decided On July 24, 2012
KRISHNA Appellant
V/S
LAND ACQUISITION COLLECTOR DASUYA Respondents

JUDGEMENT

(1.) All the cases relate to a claim for enhancement of compensation for acquisition of land under the Land Acquisition Act. The acquisition had been for the purpose of laying down a railway industrial siding. The total extent of land that was acquired through a notification issued under Section 4 (1) issued on 26.10.1983 was an extent of 79 kanals 17 marlas of land in Village Dalla, Tehsil Dasuya, District Hoshiarpur. The Land Acquisition Collector assessed the compensation at ' 705/- per marla by award dated 29.10.1985. An area measuring 39 kanals of land was claimed by Dr. Sohan Lal and Parshotam Lal. Both Sohan Lal and Parshotam Lal died and the respective legal representatives had been prosecuting the case.

(2.) RFA No.1777 of 1989 is a claim for enhancement by the legal representatives of Parshotam Lal. RFA No.2002 of 1989 is the appeal filed by the legal representatives of Sohan Lal. Another extent of land measuring 32 kanals 17 marlas was owned by Jagjit Lal and the legal representatives of Jagjit Lal are the appellants in RFA No.2003 of 1989.

(3.) It is not in dispute that the entire extent of land fell within the municipal limit. They formed part of one single block. The claimants relied upon three instances of sales whose value of the property dealt with averaged at ' 2,514/- per marla. The Collector, however, found that these instances were in respect of small pieces of land relating to abadi and, therefore, could not be taken into consideration. The Collector, however, recognized the immense potentiality of the lands to be used for residential and commercial purposes, having particular regard to the fact that all the lands were situate within the municipal limits. The sale deeds which had the subject of consideration were tabulated by the Reference Court as under:-