KARTARA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Regular First Appeals Nos. 1158 to 1160, 1294 to 1297 and 1381 of 1983, as all of them are directed against the award dated 20.4.1983 made by the learned District Judge, Jalandhar while disposing of references under Section 18 of the Land Acquisition Act, 1894 (for short the Act). Regular First Appeals Nos. 1158 to 1160 and 1381 of 1983 have been filed by the landowners, being aggrieved from the inadequacy of compensation awarded by the learned District Judge. On the other hand, Regular First Appeals Nos. 1294 to 1297 of 1983 have been filed by the State of Punjab, complaining that the compensation awarded by the learned District Judge is excessive.

(2.) I also propose to dispose of by this very judgment Regular First Appeals Nos. 1071, 1359, 1360, 1529 and 1544 of 1985 which arise out of the award dated 8.4.1985 made by the learned District Judge whereby he dismissed three reference applications under Section 18 of the Act, holding that the same were barred by time. While only two sets of landowners whose reference applications had been dismissed through the said award have filed Regular First Appeals Nos. 1071 of 1985 and 1527 of 1985, the third set of landowners whose reference application was declined on the ground of limitation, have not filed any appeal. However, the State of Punjab has filed Regular First Appeals Nos. 1359, 1360 and 1544 of 1985, being aggrieved against the findings of the learned District Judge on issue No. 2, as returned in the award, determining the market value of the acquired land at Rs. 1,000/- per Nawanshahr Marla.

(3.) The land which is the subject matter of acquisition in these appeals, has been acquired by the State of Punjab in pursuance of a notification dated 28.5.1981 issued under Section 4 of the Act. The land acquired measures 178 Kanals 14 Marlas. It is situated in the revenue estate of Nawanshahr and has been acquired for a public purpose, i.e. for the construction of Sub-Divisional Complex, including Telephone Exchange, Post Office Building and residential quarters of Nawanshahr. The Land Acquisition Collector, vide his award dated 24th December, 1981, assessed the market value of land at the rate of Rs. 262.50 paise per Nawanshahr Marla, which measures 207 square feet. The landowners, being not satisfied with this award, sought references under Section 18 of the Act for the consideration of the learned District Judge, Jalandhar, who vide his awards under appeals, has determined the market value of the land at the rate of Rs. 1,000/- per Nawanshahr Marla.