GURDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment shall dispose of Regular First Appeal Nos. 793, 834, 835 and 836 of 1985, which are arising from the same notification and the same award.

(2.) VIDE notification dated 30.10.1981 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), State of Punjab acquired 5.15 acres of land situated in the revenue estate of village Akalgarh, Tehsil Jagraon, for a public purpose, namely, for the Defence of India.

(3.) THE learned Reference Court determined the market value of the acquired land at the rate of Rs. 44,000/- per acre on the basis of sale transaction Ex.A5 vide which the land measuring 12 marlas was sold for Rs. 5000/- on 23.9.1977 i.e. at the rate of Rs. 66666.66 per acre. This sale transaction was pertaining to the adjoining land which was touching the 9 marlas wide road. On that account, the learned Reference Court imposed 1/3rd cut on the said sale transaction and take the sale price of the same as Rs. 44444.44 per acre.