GURKIRPAL SINGH Vs. THE STATE OF PUNJAB THROUGH THE LAND AQCUISITION COLLECTOR, URBAN DEVELOPMENT, PUNJAB, CHANDIGARH

JUDGEMENT

(1.) This judgment shall dispose of R. F. A. Nos 579. 978 and 839 of 1978. Both these appeals have been taken up together for the reason that the piece of land which is subject -matter of acquisition therein as also its owner are the same. RFA No. 579 of 1978 arises out of the award dated 21.1 19 8 of the learned Additional District Judge, Rupnagar in Land Acquisition Case No. 190 of 1975 and pertains to the compensation with regard to the market value of land acquired. RFA No. 839 of 1978 arises out of the award dated 31 -1 -1978 of the learned Additional District Judge, Rupnagar in Land Acquisition Case No. 170 of 1975 and pertains to the value of the building and other structures on the land acquired besides compensation for shifting charges and loss of business incurred by the landowner -Appellant.

(2.) The State of Punjab acquired land measuring 201. 79 acres for establishment of the residential urban estate, Mohali district Rupnagar in pursuance of notification dated 9. .1971 under Sec. 4 of the Land Acquisition Act, 1894 (for short the Act) which was duly published in the government gazette. The landowner -Appellant was the owner of 4 Kanals of land bearing Khewat Khatauni No 85/113, Khasra No. 22/G 1/2 (3 Kanals and 7 Marlas) and 15/1/1/1 (0 kanals 13 Marlas). This land was situated on Chandigarh -Ludhiana highway at a strategic point from where the boundary of urban estate Mohali starts. It is not in dispute that this land was at the same level as the highway and a petrol pump besides drive way, tanks, boundary wall etc. was installed by the Appellant on this land and he was running the business of petrol filling station on the land in dispute on the date of the notification.

(3.) The Collector determined the market value of the land at the rate of Rs. 24,000/ - per acre. The Appellant being dissatisfied made his reference application under Sec. 18 of the Act. The learned Additional District Judge while deciding his Land Acquisition Case No. 190 of 1975 made his award dated 21 -1 -1978 wherein following a judgment of this Court Exhibit A 26 he determined its market value at Rs. 30,000/ - per acre. The Appellant is still aggrieved with the quantum of compensation in lieu of the market value of the land acquired and has, therefore, filed R. F. A. No. 579 of 1978