PUNJAB STATE Vs. VIRSA SINGH

JUDGEMENT

(1.) By notification published on 30th November, 1970, the State of Punjab acquired 7.67 acres of land in the revenue estate of village Aliwal for the construction of bye-pass around Aliwal complex. The Abadi of village Aliwal is about 8 kilometres from the town of Batala. The Land Acquisition Collector by award dated 6-11-1981 fixed the market price as follows :-

(2.) The claimants were not satisfied and sought references Four of the references came up before the District Judge for final disposal of on 3-12-1982 whereby the following market rates awarded to the claimants :-

(3.) The claimants had produced only one sale instance whereas the State had produced three instances. The instances of the State were rejected outright because the value depicted therefrom was less than the amount awarded by the amount awarded by the Land Acquisition Collector. It was observed by the District Judge that since the Land Acquisition Collector did not rely on them, no reliance could be placed thereon. As regards the claimants' sale instance, it was observed that it was with regard to small piece of land and the rate which it fetched cannot ultimately be applied to the large chunk of the acquired land because if the acquired land was to be sold out by bits, it had to be divided into plot and some area was to be utilised for caving out paths etc.