LAWS(P&H)-2012-1-554

BHAGWAN KAUR Vs. STATE OF PUNJAB

Decided On January 25, 2012
BHAGWAN KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This order shall dispose of RFA Nos. 1712 to 1720 and 2141 of 1996, as the same arise out of common award, The landowners are in the appeal against the award of the learned court below seeking enhancement of compensation for the acquired land.

(2.) The facts have been extracted from R.F.A. No. 1712 of 1996. Briefly, the facts are that the land in question situated in village Shakur, Hadbast No. 195, Tehsil and District Ferozepur, was sought to be acquired by the State of Punjab vide notification dated 19.1.1988, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') for construction of Bhanger Shakoor Reclamation Minor. The Land Acquisition Collector (for short, 'the Collector') vide his award no. 297-F, dated 28.3.1989 determined the market value of the acquired land @ Rs. 14,000/- per acre for chahi and chahi-nehri, Rs. 13,000/- per acre for nehri and Rs. 5,000/- per acre for banjar kadim kind of land. Dissatisfied with the award, the land owners filed objections which were referred to the learned Court below for consideration, who considering the material placed on record by the parties, assessed the market value of the acquired land @ Rs. 20,000/- per acre for chahi and chahi-nehri, Rs. 18,000/- per acre for nehri and Rs. 7,000/- per acre for banjar kadim kind of land. It is this award which is impugned in the present set of appeals.

(3.) Learned counsel for the appellants very fairly submitted that the issue regarding determination of market value of the acquired land in the present set of appeals is squarely covered by the judgment of this court in RFA No. 18 of 1992- Ajit Singh vs The State of Punjab, decided on 31.10.2008, whereby the award of the learned court below for the land acquired vide same notification was upheld.