JAGGA SINGH & ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of a bunch of Letters Patent Appeals. All the aforesaid appeals arise out of a common judgment dated September 9, 1994 rendered by the learned Single Judge. A set of appeals has been filed by the claimant landowners claiming enhancement of compensation for the acquired land. Another set of appeals has been filed by the National Fertilizers Limited, a Company for which the land in question was acquired. The Company has claimed reduction of compensation as awarded by the learned District Judge, Vide a notification dated January 24, 1983 issued under section 4 of the Land Acquisition Act (hereinafter referred to as the "Act") the land measuring 29.68 acres situated in village Bathinda was acquired for a public purpose, at public expense, namely, for setting up of National Fertilizers Limited Colony by the Company -National Fertilizer Limited, Bathinda. The Land Acquisition Collector vide his award dated March 19, 1986 categorised the acquired land in three categories and assessed the market value of the acquired land at different rates. For the Nehri land Rs.57,800/ - per acre was assessed as the market value; for the Barani land, Rs.24,150/ - per acre was assessed as the market value and similarly the Gair Mumkin land was also assessed at the rate of Rs.24,150/ - per acre. The claimant -landowners felt dissatisfied with the award. They claimed reference under section 18 of the Act. The matter was duly referred.

(2.) BEFORE the reference Court, the parties led their evidence. The learned Additional District Judge, after taking into consideration the aforesaid material, assessed the market value of the acquired land at a uniform rate of Rs.32.50 per sq. yard.

(3.) WE have heard the Learned Counsel for the parties at some length and have also gone through the record of the case.