HARINDERPAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE undisputed skeletal morsel facts as provided by learned counsel for the parties during the course of arguments to dispose of the letters patent appeals and regular first appeals of the claimants as well as the State, run thus.

(2.) THE land of villages Kala Ghanu Pur, Hamidpur, Ghumanpura, Kalhania and Wadala Bhitewad were acquired for 'extension of cantonment' at Amritsar vide notifications under section 4 of the Land Acquisition Act, 1894 dated 10. 6. 1977, 22. 7. 1977 1. 6. 1977, 22. 7. 1977 and 5. 5. 1978 respectively. The area of land acquired from village to village ranged from about 119 kanals to 11513 kanals. The collector vide his award dated 28. 3. 1978 with respect to village kala Ghanu Pur treating the land as agricultural awarded compensation @ Rs. 16,500/- per acre for Chahi, Rs. 12,000/- per acre for Barani, Rs. 6000/- per acre for Banjar Qadim and Rs. 5000/per acre for Ghair Mumkin. The collector vide his award dated 28. 3. 1978 with respect to village Hamidpur awarded compensation at the rate of Rs. 16,500/- per acre for Chahi land, Rs. 12,000/per acre for Barani and Rs. 5000/- per acre for Gair Mumkin. With respect to village Ghumanpura the Collector vide his award dated 28. 3. 1978 awarded compensation at the rate of Rs. 16,500/- per acre for Chahi, Rs. 12,000/- per acre for Barani, Rs. 9000/- per acre for Banjar jadid, Rs. 6000/- per acre for Banjar Qadim and Rs. 5000/- per acre for Gair Mumkin. The Collector vide his award dated 20. 5. 1982 awarded compensation with respect to village Kathania at the rate of Rs. 18,150/- per acre for Chahi, Rs. 12,000/- per acre for Barani, Rs. 6000/- per acre for Banjar and Rs. 5000/- per acre for Gair Mumkin and with respect to village Wadala Bhitewad the Collector vide his award dated 22. 6. 1983 awarded compensation at the rate of Rs. 16,500/- per acre for Chahi land. The claimants sought reference Under Section 18 of the Land Acquisition Act, claiming market value of their land ranging from Rs. 1 lac per acre to Rs. 1. 50 lacs per acre. Apart from the compensation, they claimed benefits under various heads as provided Under Section 23 (1-A) of the Act.

(3.) ALL the awards given by learned District Judge were appealed against. With respect to village Hamidpur, learned Single Judge vide his judgment dated 18. 12. 1984 assessed the market value of the land at a uniform rate of Rs. 16,500/- per acre, which judgment has been appealed in this LPA. Similarly with respect to village Ghumanpura the learned Single Judge vide his judgment dated 18. 12. 1984 assessed the market value of the land at a uniform rate of Rs. 16,500/- per acre against which LPA No. 684 of 1985 is under consideration. So far as the award dated 31. 7. 1987 of learned District Judge with respect to village Kathania and award dated 25. 2. 1988 with respect to village Wadala Bhitewad are concerned, they are impugned and are under consideration in RFA No. 110 of 1988 and 1063 of 1988. All the above referred LPAs and RFAs are being disposed of by this common judgment as it is accepted by learned counsel for the parties that not only mostly but exactly the same questions of law and facts are involved in all the cases and the market value of the land has to be assessed on the basis of almost same evidence, particularly when an award given by learned District Judge stands affirmed by this Court and Hon'ble the Apex Court with respect to the same and similar nature of the land