AJAIB SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) BY this common order, I propose to dispose of four connected Regular First Appeals bearing Nos. 914, 915, 1099 and 1100 of 1981. Whereas two appeals have been filed by the claimant-landowners, other two have been filed by the State. The bare minimum facts, that need a necessary mention, have, however, been extracted from RFA No. 1099 of 1981.

(2.) WHEREAS , the claimants in Regular First Appeals 1099 and 1100 of 1981 seek enhancement of compensation from the one that was assessed by learned District Judge vide his order dated 10.4.1981, obviously in Regular First Appeals 914 and 195 of 1981 filed by the State, prayer is for reduction of the said compensation and in consequence thereof to restore the order of compensation passed by the Land Acquisition Collector, vide his award dated 20.2.1980.

(3.) THE only question that survives for determination is with regard to issue No. 3 pertaining to market value of the land at the time notification under Section 4 of the Act came into being on 30.11.1977. The parties in their endeavour to show the market value of the land, subject matter of acquisition, led evidence in the shape of sale instances as tabulated below : See Table Exhibit Date of sale Area sold out Distancefrom acquired land Name of estate Price paid Rs. Averageprice per acre. Ex.A.1 10.3.1975 3 kanals 7 marlas 710 karams Fateh Nangal Rs. 20000 Rs. 47761/- Ex.A.2 10.3.75 13 kanal 710 karams -do- Rs. 4000 Rs. 49230.70 Ex.A.3 10.8.75 1 kanal 3 marlas 280 karams -do- Rs. 16100 Rs. 112000/- Ex.A.4 9.8.77 1 kanal Across the road -do- Rs. 9000 Rs. 72000/- Ex.A.5 2.6.77 8 marlas 500 karams -do- Rs. 88000 Rs. 1760000/- Ex.A.6 2.6.77 10 marlas 660 karams -do- Rs. 15000 Rs. 240000/- Ex.A.7 9.8.77 1 kanal Across the road -do- Rs. 9000 Rs. 72000/- Ex.A.8 14.11.77 16 marlas 790 karams -do- Rs. 9000 Rs. 90000/- Ex.A.9 9.3.78 10 marlas 770 karams -do- Rs. 4200 Rs. 96000/- Ex.A.10 9.3.78 10 marlas 400 karams -do- Rs. 25000 Rs. 400000/- Ex.A.11 28.6.78 10 marlas 80 karams -do- Rs. 7000 Rs. 112000/- Ex.A.12 21.7.78 1 kanal 60 karams -do- Rs. 20000 Rs. 160000/- Ex.A.13 24.7.78 5 marlas 660 karams -do- Rs. 65000 Rs. 280000/- Ex.A.14 4.8.78 5-1/2 marlas 320 karams -do- Rs. 7000 Rs. 203636.30 Ex.A.15 6.10.78 1 kanal 60 karams -do- Rs. 18000 Rs. 144000/- RESPONDENT'S EVIDENCE Ex. R.1 9.1.75 5 kanals 16 marlas 660 karams -do- Rs. 5000 Rs. 6890.60 Ex. R.2 29.1.76 4 kanals 760 karams -do- Rs. 6500 Rs. 13000/- Ex. R.3 27.1.76 1 kanal 14 marlas 620 karams -do- Rs. 2000 Rs. 9411.70 Ex. R.4 8.6.76 4 kanals 760 karams -do- Rs. 6500 Rs. 13000/-