FAQUIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of RFA No. 1209 to 1212 of 1984 filed by the claimants RFA Nos. 1447, 1451 to 1461 of 1984 filed by the Pesticide Company for whose benefit the land was acquired, since they arise out of the same acquisition proceedings and Common award of the Court below.

(2.) The State of Punjab vide notification published under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), on 20th February, 1976 acquired 158 Kanals 2 Marlas of land in the revenue estate of village Bhankarpur near Dera Bassi for Malathian Technical Project, which was later on known as the Punjab United Pesticides and Chemicals Ltd. (for short 'the Comply'), which was to manufacture pesticide after setting up a factory on the acquired land. The Land Acquisition Collector by award dated 15.6.1976 allowed Rs. 16,000/- per acre for Barani and Rs. 8,000/- per acre for Gair Mumkin land. On reference the Additional District Judge by award dated 26th March, 1979 awarded Rs. 24,000/- per acre. On further appeal by the claimants, a learned Single Judge of this Court fixed the market price of the land at the rate of Rs. 30,000/- per acre. Against the judgment of the learned Single Judge, the Company filed LPA for restoring the award of the Additional District Judge.

(3.) The letters Patent Bench of this Court dismissed the appeal as in competent, since it was of the view that the State of Punjab could file appeal and not the Company. The company went up in Special Leave Petition to the Supreme Court, which was allowed on 11th February, 1982 and it was specifically observed that the Company was interested person in view of Himalaya Tiles and Marble (P) Ltd. v. Francis Victor Coutinho (dead) by L. Rs., 1980 AIR(SC) 1118 and as a consequence held that the Letters Patent Bench was in error in rejecting the appeal of the Company. Since the Company was not made party before the District Court, the matter was remitted to the District Court for deciding afresh after affording the Company and opportunity of hearing. After remand to the District Court, the matter was taken up by Additional District Judge, who allowed opportunity to the Company to lead evidence, and to cross-examine the witnesses produced by the claimants. The Additional District Judge by award dated 26th March, 1984 fixed the market price at Rs. 30,000/- per acre. In doing so it followed sale instance Exhibit A1 dated 13th December, 1974, in regard to 10 Kanals 3 Marlas which was sold for Rs. 30,500/- i.e. at the rate of Rs. 24040/- per acre. The land covered by instance Exhibit A1, as shown in plan Exhibit R8 was situate just opposite the acquired land on the other side of Ambala, Kalka road. The learned Additional District Judge was of the opinion that for the time-leg between the sale instance and the land acquired which was 14 months, there must have been appreciation of 25 per cent and in this manner added Rs. 6000/- and allowed round figure of Rs. 30,000/- per acre, to the claimants. Against the aforesaid award of the Additional District Judge, as noted in the opening part of the judgment both the sides have come in appeals.