MEHTAB KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of RFA Nos. 31 to 34, 7, 134 to 136 of 1983 and 428 of 1984 filed by the land-owners. All of them are directed against one and the same award dated 9.10. 1982 made by the Additional District Judge, Bhatinda, whereby their references under section 18 of the Land Acquisition Act, 1894 (for short, the Act) have been decided. In RFA Nos. 135 and 136, Civil Misc Nos. 1213 CI and 1214-CI of 1985 been filed under Order 41, Rule 2, read with section 151, Code of Civil Procedure, praying for amendment of the memorandum of appeal to raise additional grounds of challenge against the award reproduced therein. After hearing the learned counsel for the parties on these civil misc. applications, I find that since the appellants could raise the additional grounds mentioned therein even during the course of arguments, it is in the interest of justice to allow the amendment sought for. The civil miscellaneous are, therefore, allowed.

(2.) In pursuance of a notification dated 3.3.1978 issued under section 4 of the Act, 460 Bighas of land situate in village Patti Miana, Bathinda, was acquired for a public purpose, namely for construction of a permanent colony of 220 KV Guru Nanak Dev Thermal Plant, Bathinda. The Land Acquisition Collector made his awards dated 27.3.1980 and 28.3.1980 whereby he determined the market value of the land acquired as under:-

(3.) I have heard the learned counsel for the parties and gone through the evidence both oral and documentary. After making a reference to the relevant notification and the other evidence brought on record, including the statement of Sucha Singh who is a Lambardar of Mehna Patti and is also a Municipal Commissioner, Bathinda, the learned Additional District Judge has returned the finding that the land acquired is situate within the municipal limits of Bathinda Town. On an appraisal of the evidence, I am of the view that this finding is correct and no exception can be taken to it. It is further not in dispute that the acquired land is situate near the Guru Nanak Thermal Plant. Actually, it has been acquired for construction of a residential colony in the vicinity of the Thermal Plant. Fertilizer Plant is also situate nearby. On the Eastern side of the land is Sirhind Canal and beyond it is a Rose Garden established by the Municipal Committee, Bhatinda. Alankar Cinema, Cold Storage, District Forest Office are also situate in the same locality. It cannot, therefore, be disputed that the land in dispute had the potential for building activity. A residential colony, commercial centre or industrial complex could be established there. It is in this perspective that its market value is to be determined.