RACHHPAL SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) There is no representation on behalf of any of the appellants in spite of the matter being listed on board for more than a month. The State counsel is present and I proceed to dispose of the case on the basis of the materials and on the submissions made by the counsel for the State.

(2.) All the appeals are at the instance of the landowners seeking for enhancement of compensation determined for acquisition of property under the Land Acquisition Act. The acquisition proceedings had commenced on a notification under Section 4 on 28.04.1984. The properties were situate in Makhowal Village in an extent of 7.5 acres. The acquisition had been for the purpose of construction of Ghogra Distributory from R. D. 3300 to 6700 metres in Tehsil Dasuya, District Hoshiarpur. The Land Acquisition Collector had awarded a compensation of Rs 20,800/- per acre for chahi/gair mumkin abadi/gair mumkin dher; Rs 12,800 per acre for barani/gair mumkin rasta and Rs 3,200/- for gair mumkin choe. The Additional District Judge, Hoshiarpur awarded a compensation @ Rs 25,000/- per acre for chahi and also awarded 5% of the acquired land for the inconvenience suffered and disuse of the unacquired land by the severance caused through the creation of the distributory.

(3.) The contention of the landowners was that the properties were to be valued at atleast 2 lakhs of rupees per acre. Before the Reference Court, the landowners had brought evidence of sale under Ex. A2 in respect of 10 marlas of land for Rs 2,500/-. This land was admitted to be situate in the immediate vicinity of the village and it had been sold for construction of haveli. AW4-Rachhpal Singh, who was one of the claimants in RFA Nos. 2293 of 1991 and 1602 of 1992, filed his own sale deed as Ex. A3 executed on 19.04.1984, measuring 7 kanals 11 marlas for a consideration of Rs 30,000/-. The acquisition included 2 kanals 8 marlas of land which was produced under A3. He claimed that by virtue of the acquisition, remaining property had been completely severed. He had also other property which was in an extent of 20 kanals. In the cross-examination, it was elicited that a bridge had been constructed over the canal at a distance of one kilometer from his land. AW5 Hazara Singh, who is one of the claimants, also gave evidence to the effect that the property acquired would be worth at least 2 lakhs of rupees and that certain brick-kiln owners were getting the said rate for the private sales of properties. AW6 Kashmira Singh was a power of attorney for Darshan Singh and Kulwant Singh, who were themselves landowners, whose property had been acquired to an extent of 4 kanals 3 marlas. AW7-Gurbachan Singh claimed that the property would be worth at least Rs 75,000/- per acre.