JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE only prayer made in these appeals is for the modification of the judgment of the learned Single Judge and for enhancement of the compensation awarded to the appellants to the tune of Rs. one lac per acre.

(2.) THE land of the appellants is situated within the revenue estate of village Manakpur, Tehsil Rajpura, District Patiala. Vide notification dated 4.12.1982 issued under section 4 of the Land Acquisition Act, 1984, the Government of Punjab acquired the appellants' land and that of others for the construction of S.Y.L. Canal. In all, 72.02 acres of land falling in the revenue estate of village Manakpur was acquired. Vide his award dated 30.4.1984, the Land Acquisition Collector granted compensation at the rate of Rs. 55,000/- per acre for Gair Mumkin Abadi land, Rs. 27,500/- per acre for chahi land and Rs. 1,100/- per acre for Gair Mumkin land. The learned District Judge, Patiala to whom the applications filed by the appellants and others under section 18 of the Act of 1894 were referred for adjudication, enhanced the compensation payable to the land holders in the following manner :- (1) Abadi land - Rs. 1,24,000/- per acre. (2) Chahi Land - Rs. 62,000/- per acre./ (3) Gair Mumkin land - Rs. 30,000/- per acre. In the Regular First Appeal filed by the appellants, the learned Single Judge upheld the compensation awarded by the District Judge. While doing so, he relied on the judgment of this Court in State of Punjab and others v. Nachhatar Singh and others, 1988(2) R.C.R.(Criminal) 439 : 1987 L.A.C.C. 327.

(3.) A perusal of the award passed by the Reference Court shows that while dealing with the evidence produced by the claimants, the learned District Judge noted that the land of village Manakpur was in a better position vis-a- vis the land falling in village Gajju Khera. This is evident from the following observations made by the Reference Court in paragraph 15 of the judgment :-