NARINDER SINGH Vs. THE STATE OF PUNJAB THROUGH THE LAND ACQUISITION COLLECTOR COLONISATION DEPARTMENT

JUDGEMENT

(1.) By way of this judgment, I would be disposing RFA Nos. 544, 545, 624 to 627, 733 to 740, 977, 978, 1716, 1717, 1814, 1815 of 1988 filed by the landowners seeking enhancement in the amount of compensation and RFA No. 913 to 933 of 1988 filed by the State of Punjab praying for reduction in the compensation amount, as they arise out of common notification.

(2.) The State of Punjab by issuance of the notification dated 2.5.1980 under Sec. 4 of the Land Acquisition Act (hereinafter to be referred as 'the Act') acquired land measuring 336 Bighas 9 -3/8 Biswas situated in village Bara, tehsil Sirhind, district Patiala, for establishment of New Mandi Township at Sirhind. The Land Acquisition Collector categorised the land into three. Blocks A,B and C. The land falling in Block A was evaluated at Rs. 1,10,000/ -, the land falling in Block B was evaluated at Rs. 90,000/ - and the land falling in Block C was assessed at Rs. 70,000/ - per acre vide his Award dated 27th August, 1984. On reference under Sec. 18 of Act, at the instance of the landowners, the District Judge, has determined the market value of the acquired land at a flat rate of Rs. 1,50,000/ - per acre. Feeling dissatisfied with the amount of compensation, the landowners and the State of Punjab have come up in appeals before this Court. The Land Acquisition Court while assessing the market value of the acquired land at the aforementioned rate has not relied upon any sale deed. It would be seen from the perusal of the Award that after referring to the entire oral and documentary evidence, the Court determined the market value of the acquired land at Rs. 1,50,000/ - per acre.

(3.) Mr. M.L. Sarin, Sr. Advocate, learned counsel for the landowners has argued that the District Judge should have taken out the average of the sale price of the aforementioned sale deeds exhibits A3 to A6, A -10, A14 and A19 which are from the acquired land and after applying the necessary deduction in view of the smallness of the area, mentioned in the sale deeds, should have applied necessary cut and assessed the market value of the acquired land.