GURDEV SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS judgment of mine would dispose of R.F.A. Nos. 1680, 1687, 1768 to 1777 of 1991, 3995 of 1992 filed by the landowners -claimants for enhancement of the amount of compensation and R.S.A. Nos. 1790 to 1802 of 1991 filed by the State of Punjab for reduction of the amount of compensation granted by the Additional District Judge as they arise out of a common award dated 29.4.1991.

(2.) LAND measuring 29.68 acres (141 Bighas 19 Biswas) situated in village Bathinda was acquired for a public purpose, namely, for setting up of N.F.L. Colony by National Fertilizers Limited, Bathinda, Tehsil and District Bathinda, by the State of Punjab, vide Notification dated 24.1.1983, issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'). The Collector by his award dated 19.3.1986 classified the land in three categories and assessed the market value of the acquired land at the following rates: -

(3.) AW -1 Roshan Lal, Patwari, Halqa Bathinda Patti Jhuti who prepared the Aks Lattha Exh. Al, stated that he has shown the land in question in Aks Lattha Exh. Al in light Mehroon Colour which is encircled as Bl, B2, B3 and B4. He further stated that the land was acquired for the expansion of the National Fertilizers Limited, Bathinda, for its township. He further stated that the acquired land was situated on National Highway leading from Bathinda to Ferozepur via Goniana and was within municipal limits for the last about 10 years (statement recorded on 15.11.1990). The land, according to him, was surrounded by many industrial concerns, residential houses, N.F.L. Colony, Sucha Singh Colony, Amar Singh Colony, Kheta Singh Colony, Mandir Colony etc. The colony of Punjab State Electricity Board was in existence before the notification. He further stated that the habitation of Bathinda town is expanding towards the land in question as all three sides have already been covered. According to him, Bathinda town developed rapidly after the thermal plant came into being. Bathinda was having a population of five lacs. On the Eastern side of Bathinda town there is Military cantonment which is the biggest cantonment in Asia, towards the West of the land there is a Railway Station which is biggest station in India. He further stated that distance between the acquired land and the Railway Station was about 4 K.Ms., and that the over bridge near Khalsa School was one K.M. away from the Railway Station. The existence of Bawa Biscuits Factory and other Industrial concerns towards the North of the acquired land was also deposed to by this witness. On the Southern side of the acquired land there existed I.T.I., Milk Plant, Punjab Spinning and Weaving Mills, Engineering College etc. Village Gill Patti is about 4 K.Ms. from the acquired land. N.F.L. Colony, according the him was fully developed before the acquisition of the land in question. In the cross -examination this witness could not say whether Municipal Limits covered the acquired land at the time of acquisition. He was constrained to admit that the colonies as stated in the examination -in -chief except N.F.L. Colony falls within the area of 1 to 1 -1/2 K.Ms. from the acquired land. While specifying the exact distance of the colonies so mentioned in the examination -in -chief he stated that Amar Singh Colony was at a distance of 1 -1/2 K.Ms. Sucha Singh Colony at a distance of 1 K.M., Kheta Singh Colony at 2 K.Ms. and Mandir Colony at a distance of 1/2 K.M. The aforementioned colonies were situated in fields which were construed prior to the acquisition of the land according to him. He could not give the number of houses of the aforementioned colonies. He also could not specify the number of persons residing in the colonies. He was constrained to admit that the acquired land was agricultural in nature at the time of acquisition. He was specifically asked about the price of the acquired land, but he could not give the price of the land at the time of notification. He further admitted that the acquired land was low lying area. The distance between the acquired land and bus -stand was given as 4 K.Ms. He further stated that some of the land opposite to lake near the Thermal Colony was water logged. Some of the land adjoining the main road is water logged. About 10 acres of land was purchased by the employees of the N.F.L. for building their residential houses on cooperative basis, but he could not tell the date of purchase. This witness further stated that the employees have got the earth work done on their plots of 10 acres. On the date of giving the statement no house has been constructed, but there were houses adjoining the Colony. He further stated that from Thermal Colony upto the acquired land no industrial unit has come except Kartar Singh Colony as shown in the map. No other residential building has come up from the acquired land upto Thermal Colony. Kartar Singh Colony, according to him is comprised of 4 -5 houses which were owned by some brothers and their menial servants. The land adjacent to Kartar Singh Colony was also owned by these brothers who owned Kartar Singh Colony. They had sold 15 Killas of land for the construction of a Private Colony, but rate was not known. One gas factory in front of the gate of the Thermal Plant was constructed after 1984 according to this witness, but he could not tell about the price of the land. He further stated that the distance of factories on the Malout road and Sibian road are within a radius of 6 K.Ms. from Bus Stand, Bathinda. He further stated that some area adjacent to lake is water logged. The distance between the acquired land from Thermal Plant is about 1 -1/2 Kms. by road. He further stated that the National Highway from Bathinda to Ferozepur has been raised by 6 to 7 feet about four years ago and the acquired land abutted on this Highway.