GURBUX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants were awarded Rs. 60,933/75 paise, market value of their garden by the Land Acquisition Collector. As they did not feel satisfied with the award of the Collector, an application under Section 18 of the Land Acquisition Act, 1894 (briefly the Act) was made by them for reference to the District Judge for determining the proper market value of the garden. The Additional District Judge, who heard the reference, after discussing the statement of Dr. Kishan Singh Bedi (AW 1), as also the statement of Shri Baldev Singh, Cane Commissioner (RW 1), came to the conclusion that the compensation awarded by the Land Acquisition Collector was not inadequate. The appellants have challenged the awards of the Land Acquisition Collector, as well as of the Additional District Judge and have claimed an amount of Rs, 1,49,950/- as the market value of their garden, besides increase in solatium and interest etc.

(2.) The land under the garden was acquired by the Punjab Government, in the Housing and Urban Development Department, vide notification No 8353-2 HG 69/33321 dated 26.12.1969, published in the Punjab Government Gazette dated 15.1.1970, under Sub-section (1) of Section 4 of the Act, along with the land of other land owners. Market value in respect of the land was determined vide award No. 166 of 1970-71. The compensation for the trees growing on the said land was not determined and it was left to be determined later on.

(3.) The Land Acquisition Collector, after taking into consideration the estimates prepared by Dr. M.S. Bajwa and by the District Forest Officer, Rupnagar, awarded the compensation as under :