UNION OF INDIA & ANOTHER Vs. DHAN DEVI

JUDGEMENT

(1.) By way of judgment, I would be disposing of R.F.A. Nos. 282 to 291 of 1986 all filed by the Union of India and Cross-Objections Nos. 124-Cl of 1986 in R.F.A. No. 283 of 1986, 54-Cl of 1986 in R.F.A. 286 of 1986, 16-Cl of 1987 in R.F.A. No. 288 of 1986 and 55-Cl of 1986 in R.F.A. No. 289 of 1986 filed by the landowner-claimants as they arise out of a common Award of the District Judge, Hoshiarpur dated 1.10.1985.

(2.) By virtue of notification dated 16.11.1982 Issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') the State of Punjab acquired 5653 Kanals and 9 Marlas of land situated in village Patiari and 77 Kanals 6 Marlas of land situated in village Kharkan for the public purpose, namely, for the construction of field firing range for the Border Security Force. The Land Acquisition Collector by the Award dated 19.9.1983 determined the market value of the acquired land in village Kharkan at the rate of Rs. 8,126/- per acre by treating the entire land as Barani whereas the land of village Patiari was categorised as Ghair Mumkin Pahar, Banjar Qudim, Ghair Mumkin Abadi, Bagicha Barani and Ghair Mumkin Cho and evaluated the same as follows :

(3.) The land-owners sought references under Section 18 of the Act and the District Judge by his Award under challenge before this Court has determined the market value of the acquired land of village Kharkan at the rate of Rs. 21,000/- per acre for Barani land whereas the land situated in village Partiari has been evaluated as under :