PUNJAB STATE Vs. PARAMIT SINGH

JUDGEMENT

(1.) BRIEFLY stated, the facts taken out from the record are that vide notification dated 11.7.1977 issued under Section 4 of the Land Acquisition Act (hereinafter called the Act), 9 Kanals 11 marlas of land of the claimant-respondents was acquired by the Punjab Government for constructing kunjar detain in Gurdaspur district. The notification u/s 6 of the Act was published on 26.7.1977. It may be mentioned here that this 9 kanals 11 marlas of land which was acquired for the kunjar drain by the State government formed part of a large chunk of land of the claimant-respondents measuring about 343 kanals 2 marlas and though the land was acquired in the year 1977, but the possession was taken by the State on 4.12.1970. The Land Acquisition Collector gave his award on 12.7.1978 in respect of the land acquired with a direction that a supplementary separate award regarding severance allowance, depreciation of land and loss of all means of communication and irrigation etc. will be announced later on. The Collector accordingly passed a supplementary award on 27.11.1979 wherein he came to the conclusion that the unacquired land of the claimants which was rendered barani was 131 kanals 5 marlas (16 acres 3 kanals 5 marlas). He ultimately awarded compensation at the rate of Rs. 1,000/- per acre for the Nehri area rendered barani to the claimants and resultantly, a sum of Rs. 16,331/- per acre was awarded to the claimants besides interest at the rate of 6% p.m. from 4.12.1970 till payment.

(2.) THE State of Punjab has filed an appeal against the said award, while the claimants have filed cross-objections. Both the appeal as well as the cross- objection are thus being disposed of by a common judgment.

(3.) ON the other hand, the learned counsel for the claimant-landowners has argued that in fact, whole of their left out area, i.e. 333 kanals 11 marlas has been rendered as Barani but the learned Additional District Judge has only awarded compensation for 131 kanals 5 marlas. He further submitted that the compensation awarded by the learned Additional District Judge is on a very lower side. He submits that atleast a compensation of Rs. 5,000/- should have been awarded for the land of the claimants which has been rendered Barani due to acquisition of their land for digging out the drain, as according to him, the Land Acquisition Collector had awarded Rs. 13,300/- per acre for the Nehri land and Rs. 8,500/- for the Barani land. He has brought to my notice an unreported judgment of this Court in R.F.A. No. 206 of 1984 (Gulzar Singh Swami v. Union of India and another) decided on 18.12.1984 to substantiate his argument that the claimants deserve half the price for the Nehri land and in any case the difference in price of the Nehri land and the Barani land determined by the Land Acquisition Collector, which comes to Rs. 4,800/- per acre.