JARNAIL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved against the impugned award dated 20.12.1999 passed by the learned reference Court, deciding 21 land references together, State of Punjab has filed 21 appeals bearing RFA Nos. 1554 to 1566, 1577 to 1581, 1807 to 1809 of 2000, whereas 19 appeals bearing RFA Nos. 718 to 720, 1081 to 1088, 1090 to 1093, 1260, 1655, 1721 & 1722 of 2000 have been filed by the land owners. All these 40 Regular First Appeals filed by both the parties against the same impugned award passed by the learned reference Court, arising out of the same acquisition, are being decided together vide this common judgment, as all the appeals raise identical questions of law and facts. However, for the facility of reference, facts are being culled out from RFA No. 718 of 2000 (Jarnail Singh and others Vs. State of Punjab).

(2.) Undisputed facts between the parties are that an area of 179 acres, 05 kanals and 04 marla was sought to be acquired by the State of Punjab at public expenses for the public purpose i.e. for the additional construction of building for Sant Longowal Institute of Engineering and Technology, Longowal in District Sangrur. Accordingly, notification under Sec. 4 of the Land Acquisition Act, 1894 (for short 'the Act') was issued on 18.03.1992 which was followed by notification under Sec. 6 of the Act issued on 20.05.1992. Collector, vide his award No. 1 dated 04.02.1997 granted the compensation at the rate of Rs. 1,25,000/ - per acre for Chahi land, Rs. 90,000/ - for Barani land and Rs. 80,000/ - for Gair Mumkin land. Land owners filed their objections under Sec. 18 of the Act and as a consequence thereof, 21 land references came up for consideration before the learned reference Court, who vide impugned award dated 20.12.1999 granted the compensation at the flat rate of Rs. 1,79,000/ - per acre for Chahi, Barani and Gair Mumkin land, deciding all the 21 land references together.

(3.) Both the parties felt dissatisfied and the State of Punjab filed as many as 21 RFAs before this Court, seeking reduction in the compensation awarded, whereas 19 RFAs have been filed by the land owners seeking further enhancement in the compensation. That is how, all the 40 RFAs are being decided together.