STATE OF PUNJAB AND ANOTHER Vs. RIKHI RAM

JUDGEMENT

(1.) THIS order will dispose of RFA Nos. 2831 to 2839 of 1993 and cross objections No. 11 -CI to 19 -CI of 2013, as common questions of law and facts are involved. The State is in appeal impugning the award of the court below assessing compensation on account of acquisition of land seeking reduction thereof. The landowners filed cross objections seeking further enhancement.

(2.) BRIEFLY , the facts of the case are that vide notification dated 11.3.1987, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Punjab sought to acquire the land, situated in village Chunni Kalan, Hadbast No. 62, Tehsil Kharar, District Ropar for construction of Chunni Distributory from RD 140 to 4542 meters. The same was followed by notification dated 11.3.1987, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award dated 16.11.1987, determined the market value of the acquired land @ Rs. 62,000/ - per acre for chahi land; Rs. 50,000/ - per acre for Barani land and Rs. 35,000/ - per acre for Gair Mumkin land. Dissatisfied with the award of the Collector, the landowners filed objections, which were referred to the learned court. The learned reference court determined the market value of the acquired land Rs. 1,25,000/ - per acre for chahi land; Rs. 75,000/ - per acre for barani land and Rs. 55,000/ - per acre for gair mumkin kind of land. It is this award which is impugned by the State as well as the landowners before this court.

(3.) ON the other hand, learned counsel for the landowners, while not disputing the judgment of this court in Ajmer Singh's case (supra), submitted that the land pertaining to village Mehdudan, Tehsil Rajpura, District Patiala was acquired vide notification dated 7.10.1985 for construction of SYL Canal, where the value of the land assessed by this court in RFA No. 3147 of 1992 - -The State of Punjab v. Chhaja Singh and another, decided on 17.2.2000, was Rs. 1,35,000/ - per acre for chahi land; Rs. 1,00,806.45 per acre for barani land and Rs. 60,483.87 per acre for banjar kind of land. The aforesaid village is also located quite close to village Chunni Kalan, hence, the compensation in the present case deserves to be enhanced, even keeping in view the time gap in two acquisitions.