BALWINDER SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) I. Public purpose, as envisaged

(2.) The Collector had assessed the compensation in three categories, namely, (i) for land measuring 16 kanals 8 marlas in one segment as constituting the value less than for the remaining lands and assessed the compensation at Rs. 3,50,000/- per acre equivalent to Rs. 72.50 paise per square yard; (ii) for the remaining extent of land in excess of 16 kanals 8 marlas, the compensation assessed was Rs. 4,50,000/- per acre equivalent to Rs. 92.77 paise per square yard; and (iii) compensation had been assessed also for certain structures on the property.

(3.) The references had been made to the Additional District Judge, Hisar both under Section 18 and in some cases both under Sections 18 and 30 for apportionment of compensation respectively. The appeals in RFA Nos.248 to 251, 562 to 567, 716 of 2000 are at the instance of the landowners seeking for enhancement and the other appeals in RFA Nos.3813 to 3823 and 4217 of 2001 are at the instance of the State against the said judgment. The appeals by some of the landowners as regards apportionment are a contest as regards amounts determined as compensation payable to the Sate department to the exclusion of persons who claimed right of adverse possession against the State. The appeals also challenge the adequacy of compensation determined by the Additional District Judge at Rs. 400/- per square yard and the determination of Rs. 1,17,000/- as value of superstructures.