LAWS(P&H)-2003-9-90

SARJO Vs. STATE OF PUNJAB

Decided On September 03, 2003
SARJO Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS order shall dispose of two Regular First Appeals bearing R.F.A. Nos. 3 and 4 of 1987 in which common questions of facts and law are involved.

(2.) THESE appeals have been filed by the claimants-land owners against the award dated 24.9.1986 passed by the District Judge, Ropar vide which the market value of the acquired land has been fixed at the rate of Rs. 85,000/- per acre treating the acquired land of the appellant as Chahi. Vide notification dated 4.2.1984 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), the State of Punjab acquired huge chunk of land in village Chilla for expansion of the Industrial Focal Point, S.A.S. Nagar, Mohali. On the same date, the lands in other villages namely, Kumbra, Kambali and Kambala were also acquired for the same purpose. The Land Acquisition Collector vide his award dated 22.12.1983 assessed the market value of the acquired land of all the villages including the village in question at the rate of Rs. 55,000/- per acre for Abi land. The land of the appellants was treated as Abi land.

(3.) THE learned counsel for the appellants submitted that the market value of the acquired land in villages Kumbra, Kambali and Kambala was fixed at Rs. 1,75,000/- per acre by a Division Bench of this Court in Harchal Singh v. The State of Punjab, 1991 PLJ 20 : 1991(1) RRR 353 (P&H). It has been submitted that the instant appeal of the appellants is squarely covered by the said decision and the appellants are entitled for compensation of the acquired land at the same rate, i.e. Rs. 1,75,000/-.