STATE OF PUNJAB Vs. NEK SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of R.F.A. Nos. 46, 48 and 50 of 1988 as well as Cross Objection Nos. 85, 86 and 87-CII of 1988 in R.F.A. Nos. 47, 49 and 51 of 1988 respectively as common question of law and facts arises in all these cases.

(2.) THE aforementioned appeals have been filed against the judgment of the Additional District Judge (III), Sangrur, dated 3.10.1987 by which compensation was awarded to the land owners at the rate of Rs. 12,000/- per acre in respect of Nehri land and Rs. 8,000/- per acre in respect of Barani and Gair Mumkin land. The land owners were also held entitled to statutory benefits under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act').

(3.) DISSATISFIED with the award of the Land Acquisition Collector the land owners filed Reference under Section 18 of the Act for enhancement of compensation. It was contended on behalf of the land owners that the Land Acquisition Collector did not take into consideration the market value prevailing in the area as also the fact that the lands acquired were of very high quality and were very productive agriculturally. Compensation at the rate of Rs. 80/- per acre was demanded by the land owners. It was further averred by the land owners that the acquired land was near the town of Sunam and on the main road and, thus, had a lot of potential value for being used for residential purposes. The Additional District Judge, Sangrur, after taking into consideration all the relevant material placed before him by the State as well as by the land owners determined the market value of the acquired land at the rate of Rs. 12,000/- per acre for Nehri land and Rs. 8,000/- per acre for Barani and Gair Mumkin land. It is against this judgment that the State has filed the present appeals wherein it has been prayed that the award of the Land Acquisition Collector should have been upheld and that of the Additional District Judge, Sangrur, should be set aside. On the other hand, Cross Objections have been filed by the land owners in R.F.A. Nos. 47, 49 and 51 of 1988 wherein the land owners have claimed compensation of Rs. 38,000/- over and above what has been awarded by the Additional District Judge, Sangrur.