STATE OF PUNJAB Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS judgment would dispose of RFAs No. 1632 to 1638 of 1988, as common questions of law and facts are involved in all these appeals. For brevity, the facts are being taken from RFA No. 1632 of 1988.

(2.) THE Government of Punjab acquired additional area of 47.57 acres of land by virtue of notification No. 10668 dated 4.6.1985, issued under Section 4 of the Land Acquisition Act (hereinafter referred to as "the Act"). The land is situated in the revenue estate of village Thara Uprala Teeka Salwal, Teeka Dhar Dalla and Teeka Dalla, Hadbast No. 889 Tehsil Pathankot, District Gurdaspur and that the area was acquired for Magazines of Thein Dam Project (new known as Ranjit Sagar Dam) i.e. for public purpose. Notification under Section 6 of the Act was issued vide declaration No. 10672 dated 4.6.1985. The Land Acquisition Collector, Thein Dam Project, Shahpur Kundi delivered the award dated February 28, 1985, awarding compensation differently for different landowners owning different classes of the land, which, read as under :

(3.) THE claimants have not been able to produce the admissible evidence to prove the transactions of sales having taken place in the area. It has not been established that if any sale was effected of any land having similar rate as the land acquired accordingly. However, some maps sanctioned by the competent authority in respect of the land sold have been referred to but they pertain to the land measuring less than one Kanal and that the sale price of one Kanal has been shown as Rs. 2000/-. It is axiomatic that the instances of sale of tiny areas in comparison to the chunk of land acquired, cannot be taken into consideration while determining the market value.