LAWS(P&H)-2003-8-103

PUNJAB STATE THROUGH THE COLLECTOR Vs. BACHAN SINGH

Decided On August 06, 2003
Punjab State Through The Collector Appellant
V/S
BACHAN SINGH Respondents

JUDGEMENT

(1.) STATE of Punjab in this regular first appeal filed against the judgment dated 16.3.1981, passed by learned District Judge, Gurdaspur, seeks restoration of the compensation assessed by the Land Acquisition Collector, thus, setting aside the order aforesaid enhancing it from Rs. 5000/- per acre, as assessed by Land Acquisition Collector to Rs. 20,000/-.

(2.) BRIEF facts of the case reveal that a total land measuring 4 kanals 13 marlas was sought to be acquired by Notification dated 2.2.1977 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894'). The Land Acquisition Collector, as mentioned above, assessed the market value of the land at the rate of Rs. 5,000/- per acre vide his award dated 7.6.1977. On an application filed by the respondents herein under section 18 of the Act of 1894, learned District Judge has assessed the market value of the land on 16.3.1981 at the rate of Rs. 20,000/- per acre.

(3.) THE reasons given by learned District Judge, while fixing the market value of the land on the relevant date when notification under Section 4 of the Act of 1894 was issued at Rs. 20,000/-, in considered view of this Court, cannot be faulted at all. The land subject matter of acquisition is far better located and the same is to be evaluated in the manner as has been done by learned District Judge. Finding no merit in this appeal, the same is dismissed, however, leaving the parties to bear their own costs. Appeal dismissed.