STATE OF PUNJAB Vs. GIAN SINGH

JUDGEMENT

(1.) VIDE a notification dated March 27, 1979 published in the official gazette on April 27, 1979, land measuring 26 kanals 4 marlas situated in village Panj Graian, District Gurdaspur was acquired for a public purpose. The learned Land Acquisition Collector assessed the market value of the acquired land at the rate of Rs. 9900/- per acre. The claimant-landowner felt dissatisfied and claimed a reference under section 18 of the Land Acquisition Act. The matter was accordingly referred.

(2.) DURING the course of reference proceedings, the parties led their evidence. Although the landowner relied upon three sale deeds Ex.A1 to Ex.A3 but all the aforesaid sale deeds were ruled out of the consideration. While the sale deed Ex.A2 was ruled out of the consideration because of the fact that the said sale took place much after the issuance of the notification under section 4 of the Act, sale deeds Ex.A1 and Ex.A3 were ruled out of the consideration because of the fact that the claimant-landowner had failed to place on record the site plan showing the proximity of the land covered under the said sale deeds with the acquired land.

(3.) THE State of Punjab has felt dissatisfied with the enhancement and has approached this Court through the present regular first appeal. The claimant- landlord has also filed cross-objections claiming further enhancement.