LAKHMI DASS Vs. PUNJAB STATE

JUDGEMENT

(1.) For the public purpose of providing additional area for the Punjab Agricultural University at Ludhiana, the Punjab Government issued a notification under Section 4 of the Land Acquisition Act on the 9th of January, 1963. Thereby an area of 47.04 acres of land in village Rajpura, tehsil and district Ludhiana was sought to be acquired and subsequently the necessary notification under Section 6 of the Act was also issued. The Collector, Ludhiana, vide his award dated the 25th of March, 1963, categorised the land primarily on the basis of its agricultural quality. As regards the material issue of the market value of the land, he relied primarily and indeed wholly on an average of five years' sale prices which took place in the village prior to the notification and directed the payment of compensation at the under-mentioned rates :-

(2.) The various owners of the acquired land not being satisfied with the quantum of compensation moved as many as 28 references under Sections 18 and 30 of the Land Acquisition Act. As the basic point in all these references was substantially similar, these were consolidated by the learned Additional District Judge vide his order dated the 28th of August, 1964. The respondent-State contested the claim for enhancement made by the landowners and on the pleadings of the parties as many as 9 issues were framed and decided by the learned Additional District Judge. However, before us, learned counsel candidly stated that they did not wish to challenge the findings on six of the issues and in order to avoid burdening this judgment it is, therefore, necessary to refer only to issues Nos. 3, 7 and 8 which have been the subject-matter of some controversy. These are -

(3.) Against the aforesaid judgment of the learned Additional District Judge, seven Regular First Appeals Nos. 196, 181, 160, 149, 197, 198 and 199 of 1965 have been moved by the landowners in which the primary claim on their behalf is for the enhancement of the compensation to the level of Rs. 10/- per square yard. The additional point in Regular First Appeal No. 181 pertains to the payment of the compensation between the two rival claimants mentioned above.