HANS RAJ SETIA Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THIS is an appeal by the claimants under Section 54 of the Land Acquisition Act, 1894 (for short, 'the Act') for enhancement of the compensation awarded by Additional District Judge, Ferozepur and for grant of the benefits of the amendments made in the Act by the Land Acquisition (Amendment) Act, 1894.

(2.) THE Government of Punjab, vide notification dated 15.3.1982 issued under Sections 4 and 6 of the Act, acquired 7.46 acres of land situated in village Suppanwali, Tehsil Abohar, District Ferozepur for a public purpose, namely, for construction of Daulatpur Minor. This included 15 kanals 2 marlas of land belonging to the appellants which formed part of khasra No. 68/26/1 on which they had planted kinoo/malta orchard. The possession of the land had been taken by the concerned authorities in October, 1977 i.e., almost five and half years before issuance of acquisition notification. By an award dated 7.11.1985, Land Acquisition Collector, Drainage Circle, Patiala determined the market value of the land at the following rates :-

(3.) ON the pleadings of the parties, the Additional District Judge framed the following issues :-