SUKHDEV SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These nine Regular First Appeals bearing RFA Nos. 1501, 1502, 4427 to 4431, 1138 & 2481 of 2003 filed by the State of Punjab and the land owners as well as two cross -objections bearing XOBJ Nos. 7 -CI of 2007 in RFA No. 4430 of 2003 and XOBJ No. 8 -CI of 2007 in RFA No. 4431 of 2003 filed by the land owners in the appeals filed by the State, are being decided together vide this common order, because all the cases are arising out of the same acquisition, raising identical questions of law and facts. However, for the facility of reference, facts are being culled out from RFA No. 1501 of 2003 (Sukhdev Singh and others Vs. State of Punjab).

(2.) Brief facts of the case necessary for disposal of this batch of appeals are that the State of Punjab sought to acquire 1.79 acres of land from the revenue estates of two villages. 1.55 acres of land was acquired from Village Jhill and 0.24 acres from Village Alipur Arian at public expense, for the public purpose; namely construction of Northern Bye -pass Patiala. Owing to the urgency, State of Punjab invoked the emergency provisions under Sec. 17 of the Land Acquisition Act, 1894 ('the Act' for short) and issued the notification under Ss. 4 & 6 of the Act on 05.08.1993. Possession was taken on 24.12.1993. However, award No. 1 of 1996 -97 came to be announced by the Land Acquisition Collector as late as on 09.04.1997 and that too, after issuing the direction by this Court in CWP No. 123 of 1997 (Mohinder Singh Vs. State of Punjab and others). Collector awarded the compensation at the rate of Rs. 150/ - per square yard qua the land of Village Jhill and Rs. 100/ - per square yard for the land of Village Alipur Arian.

(3.) Dissatisfied, land owners sought as many as six land references, which were forwarded to the learned reference Court. Five land references were decided together vide common award dated 31.08.2002 by the learned reference Court. However, one land reference bearing LAC No. 29 of 2001 was decided at a later point of time on 25.11.2002 by the same reference Court. Learned reference Court granted the compensation at flat rate to the land owners for both the villages at Rs. 400/ - per square yard, vide abovesaid two separate but identical awards dated 31.08.2002 and 25.11.2002.