MALKIAT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of twenty-eight appeals being RFA Nos. 567 of 1995, 57 of 1995, 64 of 1995, 56 of 1995, 1239 of 1995, 555 of 1995, 554 of 1995, 47 of 1995, 1244 of 1995, 65 of 1995, 61 of 1995, 60 of 1995, 191 of 1995, 45 of 1995, 62 of 1995, 566 of 1995, 48 of 1995, 63 of 1995, 66 of 1995, 67 of 1995, 553 of 1995, 94 of 1995, 44 of 1995, 46 of 1995, 58 of 1995, 59 of 1995, 223 of 1995 and 49 of 1995 as all the appeals are directed against the common award passed by the learned Additional District Judge.

(2.) VIDE notification dated April 29, 1988 issued under Section 4 of the Land acquisition Act, 1894 (for short, 'the Act') (published on July 2, 1988) land measuring 124 acres, 1 kanal and 7 marlas was intended to be acquired for the purposes of establishing a sugar mill at Gurne Khurd. The aforesaid land was situated in two adjoining villages, namely, Budhlada and Gurne Khurd. Land measuring 106 acres, 6 kanals and 10 marlas was situated in village Budhlada, whereas, the remaining land measuring 17 acres, 2 kanals and 17 marlas was situated in village Gurne Khurd. Vide an award dated March 20, 1979, the Land Acquisition Collector classified the land in four categories. The market value was assessed for each category separately. For the land situated in Budhlada, Nehri land was assessed at the rate of Rs. 22,028/- per acre, barani land at the rate of Rs. 14,545/- per acre, chahi land at the rate of Rs. 22,028/- per acre and gair mumkin land at the rate of Rs. 60,530/- per acre. For the land in village Gurne Khurd, Nehri land was assessed at the rate of Rs. 17,984/- per acre, whereas gair mumkin land was assessed at the rate of Rs. 25,600/- per acre. The claimant-landowners felt dis-satisfied and claimed a reference. The matter was accordingly referred under Section 18 of the Act.

(3.) I have heard the learned counsel for the appellants and Shri Ashok Aggarwal, the learned Additional Advocate General, Punjab and with their assistance have also gone through the records of the case.