BINDER SINGH SON OF JALOUR SINGH, RESIDENT OF MOHALLA MEHNA, DISTRICT BATHINDA AND OTHERS Vs. STATE OF PUNJAB THROUGH ITS CHIEF SECRETARY TO GOVERNMENT OF PUNJAB, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) Of the appeals, except appeals in RFA Nos.338 to 341 of 1992, all other appeals are at the instance of the land owners seeking for enhancement of compensation for acquisition of property made after notification issued under Section 4 on 19.07.1984 for purpose of establishing a project for the manufacture of Pozzalona Cement at Bathinda. The Collector had originally assessed the compensation at Rs. 80,000/- per acre upto the depth of 80 karams from Bathinda Malout main road and for rest of the property at Rs. 55,000/- per acre. The Reference Court discarded the method adopted by the Collector, having regard to the fact that the property was used for a single purpose in one single block and held that the property would require to be considered for determination of compensation also as one block. I shall state at the outset that the single valuation adopted by the Court to be correct.

(2.) Before the Reference Court evidence was brought setting out the topography of the land with reference to the adjoining properties and the attempt of the land owners had been to show that the property had immense potential for use for industrial purposes since industries had already come about in the immediate vicinity. The land owners were relying on documents of private sales apart from compensation determined already for acquisition of property in the adjoining areas. The contention was that the acquired land was adjacent to thermal plant which extended upto the Sirhind Canal and the Sirhind Canal was itself adjacent to several shops. There were cinema houses situate near the Sirhind Canal. The land owners would also refer to the existence of Krishna Paper Mills, J.B. Factory, Crude Oil Factory etc. which were in front of the land acquired. In its immediate proximity was NFL factory and its colonies situate in about 2 kms distance. The property was situate within the municipal limits of Bathinda and nearer to the land for polytechnic college.

(3.) Of the documents relied on by the appellants, Ex.A1/A was copy of the judgment in RFA No.440 of 1986 in Zora Singh Vs. Union of India where the compensation had been determined at Rs. 70,000/- per acre, which was later enhanced in appeal in LPA No.1251 of 1987 in Ex.A4 but it was found to be far off from the bus stand at Bathinda and the Court found that this was not relevant piece of evidence. Another document, which was relied on by the petitioners was a copy of the judgment in RFA No.2162 of 1980 dated 10.09.1984 under Ex.A8 which was with reference to acquisition of property for the establishment of urban estate at Phase No.III. In the judgment referring to Exs.A-4, A-6 and A-8 for establishment of cantonment and urban estate phase-III respectively, compensation had been determined finding that the acquisitions had been with reference to periods between 1965-69 and therefore, the Court worked out escalation at the rate of 12% and took the overall compensation at Rs. 34/- per square yard.