SHANGARA SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) Vide this judgment, RFA Nos. 1700 of 1995 & 2137 of 1995 filed by the claimants and RFA Nos. 2030 of 1995 & 2031 of 1995 filed by the Punjab State, against the judgment dated 17.4.1995 passed by learned Additional District Judge, Hoshiarpur, are being disposed of together as common questions of law and facts are involved in these appeals.

(2.) The State of Punjab vide notification dated 5.12.1991 published on 13.12.1991 issued under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as 'the Act', acquired 12 Kanals 5 Marlas of land situated in the revenue estates of village Sagran, Tehsil Dasuya, District Hoshiarpur for constructing approaches to high level over Sagran Cho Crossing on Dasuya-Hajipur road. The Land Acquisition Collector, vide Award No. 6 dated 3.2.1993 awarded Rs. 44,174/- per acre for Chahi land; Rs. 36,000/- per acre for Barani land and Rs. 29883/- for Gair Mumkin land. The claimants, being dis-satisfied with the award of the Collector, sought references under Section 18 of the Act, pleading that the market value of the land at the time of issuance of the notification was not less than Rs. 1,50,000/- per annum for Chahi land; Rs. 1,20,000/- per acre for Barani land and Rs. 1,00,000/- per acre for Gair Mumkin land. The land is situated near the abadi and on the main road abutting the Bus Stand of village Sagran.

(3.) The land has the potential for being used as residential as well as commercial purposes. It was further pleaded that on account of the acquisition, the land of the claimants has been divided into two parts and thus they are entitled to compensation on account of severance. The references were contested by the State. It was pleaded that the Land Acquisition Collector had awarded reasonable and adequate compensation on the basis of the rates approved by the Collector. All other averments were denied.