LAND ACQUISITION COLLECTOR, PUNJAB Vs. SUNIL KUMAR

JUDGEMENT

(1.) The appeals are at the instance of the State as well as the landowners. The landowner's appeal is RFA No.186 of 1996, while she has been cited as a respondent in the State's appeal in RFA No.2033 of 1995. The three appeals by the State are with reference to the acquisition of a small extent of 174 per square yards (159+15 square yards) for construction of a fly over bridge at Dholewal, Ludhiana. By the acquisition, the land as well as the buildings thereon had been lost to the landowners.

(2.) Sunil Kumar had a shop in an extent of 15.55 square yards and the remaining portion of the property which was left unacquired. He contended that he had 3 rooms and one furnace in the acquired property and he had claimed Rs. 22,410/- as the cost of construction. He would urge that he has suffered a loss of Rs. 52,800/- on account of shifting of the furnace and installation of the furnace at the new place. Bachint Kaur whose case is dealt with RFA Nos.2033 of 1995 and 186 of 1996 claimed her right over the property where a double storeyed construction had been put up and that there were 4 shops. She examined a building expert, who had valued the property at Rs. 2,14,650/-. Yet another owner-Joginder Singh whose case is dealt with in RFA No.2034 of 1995 claimed that he had 5 shops in the property and gave evidence through valuation expert claiming the property at Rs. 1,18,950/-.The contention of the State was that he had flat brick flooring and was of a poor quality of construction using mud and mortar.

(3.) As regards the valuation of land, the landowners relied on the auction notice where the shop immediately beneath the overbridge that had been constructed had been leased out subsequently on 28.01.1992 for a period of 30 years at Rs. 19,000/- per square yards. The landowners themselves had brought up the valuation in the land through the expert who spelt out different rates for the landowners, Rs. 10,000/- for the property of Bachint Kaur; Rs. 12,000/- for the property of Sunil Kumar and Rs. 15,000/- for the property of Joginder Singh. The Reference Court adopted an uniform valuation of Rs. 10,000/- per square yard and determined the valuation of the building relatively lower than the values as estimated by the building expert but still above the valuation given by the Collector.