STATE OF PUNJAB Vs. JASWANT SINGH

JUDGEMENT

(1.) THE State of Punjab vide notification published on 2. 5. 1980 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), acquired 40 acres 5 kanals 5 marlas of land in Villages Neelpur and Saidkheri at public expense and for a public purpose, i. e. for establishment of grain market (Anaj Mandi ). The declaration under Section 6 of the Act was published on 29. 6. 1982. (The District Judge in his award has wrongly mentioned the area of land acquired as 40 kanals 5 marlas ).

(2.) THE Land Acquisition Collector vide his award dated 17. 8. 1984, assessed the market value of the land as under:village Neelpur 1. Upto 100 metre width along Rs. 60,000/- per acre the Rajpura-Patiala Road for all kind of land except Gair Mumkin Khade. For the remaining land. Chahi Rs. 40,000/- per acre Barani Rs. 25,000/- per acre Village Said Kheri Chahi Rs. 35,000/- per acre. Barani Rs. 20,000/- per acre. (Gair Mumkin Rs. 15,000/- per acre). Feeling dissatisfied with the award of the Collector dated 17. 8. 1984, the lan owner claimants sought reference u/s 18 of the Act. On the contest of the parties, the following issues were framed after clubbing the references:-

(3.) AGAINST the aforesaid award of the District Judge, Patiala, the State of Punjab has filed R. F. A. Nos. 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648 and 660 of 1989 for restoration of the award of the Collector whereas the claimant-landowners have filed R. F. A. Nos. 1788, 1789, 1835, 1836, 1837, 1838, 1875, 1876, 1877, 1910, 1911 of 1988 and R. F. A. No. 69 of 1989 to claim further enhancement. Since all these appeals arise out of the same acquisition proceedings and common award of the District Judge, Patiala, they are being disposed of by a common judgment.