LAWS(P&H)-2013-8-1188

AJMER SINGH AND ANOTHER Vs. STATE OF PUNJAB

Decided On August 22, 2013
Ajmer Singh And Another Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This order will dispose of RFA Nos. 45 to 51, 1448 of 1991, 90, 241 and 450 of 1994, as the same arise out of common acquisition. The facts have been extracted from RFA No. 45 of 1991. The landowners are in appeal seeking enhancement of compensation for the land acquired for construction of Satluj Yamuna Link Canal.

(2.) Briefly, the facts are that vide notification dated 7.10.1985 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Punjab sought to acquire land situated in the revenue estate of Village Bari Rauni, Hadbast No. 201, Tehsil and District Ropar, for construction of Satluj Yamuna Link Canal. Notification under Section 6 of the Act was issued on 11.10.1985. The Land Acquisition Collector (for short, 'the Collector') vide award dated 17.6.1986 assessed the market value of the acquired land @ Rs. 72,500/- per acre for chahi, Rs. 50,000/- per acre for barani, Rs. 45,000/- per acre for banjar kadim and Rs. 40,000/- per acre for gair mumkin kind of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 12.10.1990, determined the market value of the acquired land @ Rs. 85,000/- per acre for chahi, Rs. 60,000/- per acre for barani, Rs. 55,000/- per acre for banjar kadim and Rs. 50,000/- per acre for gair mumkin kind of land. It is this award which is impugned by the landowners in the present set of appeals.

(3.) Learned counsel for the landowners submitted that the land in the present case was acquired for construction of Satluj Yamuna Link Canal which pertained to village Bari Rauni. This court in RFA No. 1372 of 1992 Karam Singh and others vs The State of Punjab and another decided on 18.4.2009, in the case of acquisition of land at the same time for the same purpose pertaining to village Kotli had upheld the award of the learned Reference Court determining the compensation @ Rs. 1,00,000/- per acre for chahi, Rs. 75,000/- per acre for barani, Rs. 65,000/- per acre for banjar kadim and Rs. 60,000/- per acre for gair mumkin kind of land. The land in the present case is adjoining to village Kotli. The award of the collector was also same. The submission is that the landowners in the present case be also granted same amount of compensation as has been granted to the landowners for the land pertaining to village Kotli.