SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of the aforesaid 13 writ petitions, which have been filed by the various land owners, whose land was acquired by the State of Punjab vide notification dated 18.6.1991, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). In all the petitions, the following common question of law has been raised :

(2.) THE State of Punjab, vide notification dated issued under Section 4 of the Act, had acquired 567 Kanals 1 Marla of land of village Malikpur, which was owned by various land owners including the petitioners, for the purpose of construction of Hydel Channel of S.Y.L. Ropar Power House. On the acquired land, various super structures and fruit trees were existing. On 3.7.1992, notification under Section 6 of the Act was issued. Thereafter, notices under Section 9 of the Act were issued by the Land Acquisition Collector-respondent No. 3 to the various land owners, including the petitioners. Pursuant to the said notice, the petitioners and other land owners submitted their respective claim for the land, super structures and fruit trees standing on the acquired land.

(3.) AFTER the receipt of the letter approving the draft Award, the Land Acquisition Collector made Award No. 1 dated 4.7.1994, copy of which has been annexed with the petition as Annexure P1. This Award was pronounced within the period of two years as envisaged under Section 11A of the Act. This prescribed period was going to expire on 6.7.1994. The assessment of the fruit trees was made as Rs. 21,15,763.30. In the final Award, Annexure P1, a clause was added that the amount assessed on account of fruit trees will be made to the land owners after spot verification. If the number of fruit trees is found less than the number of assessed fruit trees, then proportionate value of compensation will be reduced.