GURKIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of R.F.A. Nos. 579 of 1978 and 839 of 1978. Both these appeals have been taken up together for the reason that the piece of land which is the subject matter of acquisition therein as also its owner are the same. R.F.A. No. 579 of 1978 arises out of the award dated 21st January, 1978 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 the land acquired. R.F.A. No. 839 of 1978 arises out of the award dated 31st January, 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 land owner 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 9th June, 1971 under Section 4 of the Land Acquisition Act, 1894 (for short the Act) which was duly published in the government gazette. The land owner-appellant was the owner of 4 Kanals of land bearing Khewat Khatauni No. 85/113, Khasra Nos. 22/G, (3 Kanals 7 Marlas) and 15/1/I/l (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 Section 18 of the Act. The learned Additional District Judge while deciding his Land Acquisition Case No. 191 of 1975 made his award dated 21st January, 1978 wherein following a judgment of this Court Exhibit A. 26 he determined its market value at Rs. 39,000/- 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.