GULBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order, I propose to dispose of two connected Regular First Appeals bearing No. 1591 of 1979 preferred by the claimant for further enhancement and RFA No. 2188 of 1979 preferred by the State of Punjab in which obvious prayer is to reduce the compensation assessed by the learned Addl. District Judge, Ludhiana.

(2.) BRIEF facts of the case reveal that land measuring 723.98 acres at village Jamalpur Awana, District Ludhiana, was notified for acquisition. Notification under Section 4 of the Land Acquisition Act, was issued on December, 19, 1973. The Land Acquisition Collector vide his award dated March 31, 1976 assessed the market value of the acquired land, insofar as the same was beyond 100 Karams from the road, @ 39,400/- per acre and the land abutting the main road and to a distant of 100 Karams was assessed at Rs. 42,400/- per acre. Aggrieved of this award, the claimant, who is desirous of getting more compensation, made a reference under Section 18 of the Land Acquisition Act. The matter came up for ultimate decision before the learned Addl. District Judge, Ludhiana, who, vide his orders dated February 5, 1979 assessed the market value of the land, insofar as the same was beyond 100 Karams from the main road, at Rs. 72,600/- per acre whereas the land abutting the road upto a distance of 100 karams was assessed at Rs. 96,800/- per acre. As mentioned above, both, the claimant and State have filed appeals, subject matter of decision herein.

(3.) THE claimant, with a view to get proper enhancement, relied upon seven sale instances, details whereof have been given in the judgment and the same are as follows :- Sr. No. Ex. Date of Sale deed Area sold Consideration Sale price per acre. 1. A2 8.10.71 37K-17M 2,90,000/- 61294/- 2. A3 28.4.71 1173-1/3 S.Y. 41067/- 169278/- 3. A4 16.10.73 200 Sq.Y. 6000/- 145200/- 4. A5 16.10.73 322 Sq.Y. 9660/- 145200/-