MEHTAB KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, we propose to dispose of 11 connected Letters Patent Appeal bearing Nos. 331 to 337, 355, 406 and 407 of 1987 and 541 of 1993 as all these matters arise from the common impugned judgment passed by learned Single Judge, dealing with determination of market value of the land, subject matter of acquisition. As in other such cases so also in these matters, crucial issue is with regard to determination of market value of the land, subject matter of acquisition, on the date, notification under Section 4 of the Land Acquisition Act, 1894, was issued. With a view to appreciate the rival contentions of learned counsel representing the parties, it would be useful to give bare minimum facts, that need a necessary mention, in the context of determining the market value of the land, subject matter of acquisition.

(2.) Notification dated 3.3.1978 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') came to be issued intending to acquire 460 bighas 10 biswas of land situated in Village Patti Miana, Bathinda, for public purpose, namely, construction of a permanent colony of 220 KV Guru Nanak Dev Thermal Plant, Bathinda. The Land Acquisition Collector vide his awards dated 27.3.1980 and 28.3.1980, determined market value of the land as under:- <TAB> "(I) Nehri Rs. 13,714/- per acre (II) Chahi Rs. 40,578/- per acre (III) Gair Mumkin abutting Rs. 57,600/- per acre the road upto 30 Karams" </TAB>

(3.) The land-owners considering the award of the Land Acquisition Collector, fixing the market value of the land at wholly inadequate rates, made references under Section 18 of the Act and learned Additional District Judge vide his judgment dated 9.10.1982, determined market value of the land as under:-