AMAR KAUR Vs. COLLECTOR LAND ACQUISITION, INDUSTRIES DEPARTMENT

JUDGEMENT

(1.) By notification published on 4th August, 1976 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the State of Punjab acquired 50.52 acres of land in the revenue estate of village Jamalpur Awana in the vicinity Ludhiana town for the expansion of Industrial Focal Point. It deserves recalling that by an earlier notification dated 1st March, 1974, land was acquired for establishing the Industrial Estate in this very village and therefore, the present acquisition was for the expension of that industrial estate. The Land Acquisition Collector awarded the compensation at the rate of Rs. 44,000/- per acre. Since the claimants were not satisfied, they sought references under Section 18 of the Act which came up for consideration before the learned Additional District Judge, Ludhiana who, by award dated 15th June, 1978 enhanced the compensation to Rs. 60,000/- per acre. Still feeling dissatisfied, the claimants filed appeals in this Court which were disposed of by a learned Single Judge by a common judgment dated 20th August, 1980 and the award of the learned Additional District Judge was maintained. Against the aforesaid decision of the learned Single Judge, the claimants have filed L.P.A. No.s. 418 to 423 of 1981 and since identical questions arise therein, they are being disposed of by a common judgment.

(2.) The learned counsel appearing for the claimants have urged that compensation at least at the rate of Rs. 75,000/- per acre should have been awarded in view of the following two instances :- <FRM>JUDGEMENT_103_LAWS(P&H)1_1982_1.html</FRM>

(3.) After hearing the learned counsel for the parties, we are of the view that there is no scope for interference with the well considered judgment rendered by the learned Single Judge. It is true that the claimants produced as many as 18 intances on the record which have been tabulated in para 13 of the judgment of the Additional District Judge. The learned Single Judge relied upon only four instances which were nearest to the date of acquisition in almost within one year of it, and found that the average of these instances came to Rs. 60,000/- per acre and consequently the award of the learned Additional District Judge was maintained. We are in complete agreement with the learned Single Judge in this behalf. The relevant four instances areas follows :- <FRM>JUDGEMENT_103_LAWS(P&H)1_1982_2.html</FRM>