STATE OF PUNJAB Vs. SURJA RAM

JUDGEMENT

(1.) The State of Punjab, vide notification published on 2.9.1982, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') acquired 90 kanals 17 marlas of the land near Rajpura town, District Patiala for setting up a Sutluj Yamuna Link Canal Colony. The Land Acquisition Collector vide award dated 23.2.1983 allowed market price at the rate of Rs. 50/- per se yard. Feeling dissatisfied, the claimants sough reference under Section 18 of the Act, all of which came up for consideration before Additional District Judge, Patiala. On the contest of the parties, the following common issues were framed after clubbing the references.

(2.) On the evidence led, the Additional District Judge, Patiala vide award dated 31.8.1985 allowed marked price at the following rates : For three killas of land abutting the by-pass :

(3.) In order to determine the market price, the location and situation of the acquired land deserve to be kept in view. The claimants have produced plan Exhibit A-7. A look at the plan shows that the acquired land is on the by-pass leading to Ambala and the acquired land abuts on that by-pass. Chandigarh Rajpura-Patiala road crosses the aforesaid by-pass at a junction which is far away from the acquired land. The town of Rajpura is across the Railway level crossing. The Railway crossing is also shown in the plan.