SUDHIR KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Regular First Appeal Nos. 2367 and 2368 of 1991 as they arise out of the common judgment of the Addl. District Judge, Ferozepur, for the purposes of these judgments, facts have been taken from Regular First Appeal No. 2368 of 1991.

(2.) THE Punjab Government issued a notification under Section 4 of the Land Acquisition Act (for short the "act") on August 6, 1973, for acquisition of land measuring 35 acres, 1 kanal and 10 Marlas in village Panchanwali, Tehsil Fazilka, District Ferozepur. The acquired land included land measuring 19 Kanals 14 Marlas belonging to the appellant. The provisions of Section 17 of the Act were invoked and enquiry under Section 5-A was dispensed with. Thereafter, notification under Section 6 of the Act who issued on August 6 1973. The State immediately took possession of the land in dispute. Sudhir Kumar and other landowners challenged the notification by means of Civil Writ Petition No. 3465 of 1973 The main challenge to the notification was on the ground that the provisions of Section 17 of the Act regarding the urgency could not be invoked. The ground of challenge raised by the writ petitioners was accepted by this Court. The writ petition was allowed and the impugned notification was quashed as regards the petitioners to the writ petition vide judgment and order dated 19. 11 1976. The State filed Letters Patent Appeal No. 14/1977 against the judgment of the learned Single Judge. The Letters Patent Appeal was dismissed on August 8, 1978. The Letters Patent Bench, however, clarified that the notification regarding acquisition stood quashed only qua the writ petitioners.

(3.) A portion of the land for which the acquisition was set aside by this Court was acquired by the Government vide notification dated March 7, 1979. Subsequently, the land in dispute belonging to the appellant measuring 19 Kanal 14 Marlas was notified for acquisition by the Government on December 9, 987. The State acquired the land for grain market at Fazilka. The Collector gave the award. According to the award of the Collector, the market value of the land was assessed at Rs. 1,10,400/- per acre. Aggrieved against the award given by the Collector, the appellant moved the Collector for a reference under Section 18 of the Act. The reference came up for hearing before the Additional District Judge, Ferozepur. The Additional District Judge allowed the compensation at the rate of Rs. 8/- per square feet vide judgment and order dated August 24, 1991.