SURJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LETTERS Patent Appeals No. 1254 of 1988 and 10 of 1990 filed against the judgment of learned Single Judge dated 2. 6. 1988 raising common question of law are being disposed of by this judgment.

(2.) STATE of Punjab vide notification issued under Section 4 of the Land Acquisition Act (for short 'the Act') dated 26. 11. 1982 which was published in the government gazette on 27. 11. 1982 initiated proceedings to acquire land situate in the revenue estate of village Saini Majra, Tehsil and District Ropar, for the construction of Sutlej-Yamuna Link Canal. Notification under Section 6 of the Act was issued on 6. 12. 1982 and published in the government gazette on 7. 12. 1982. Land sought to be acquired measured 48. 16 acres. The categories of land acquired are Chahi, Barani, Banjar Qadim and Gair Mumkin.

(3.) FOLLOWING issues were framed by the District Judge:1) Whether the compensation awarded to the claimants is inadequate and, if so to what extent ? OPa 2) Relief. Parties were permitted to adduce evidence in support of their contentions. The District Judge on considering the evidence adduced which was in the nature of copies of mutation pertaining to sale deeds executed by the parties before and after the date i. e. 26. 11. 1982; sale transactions of village Ghanauli; and copy of the award given in another case of village Thali; relied upon the instances of sale as reflected at serial Nos. 2, 4 and 7 of the chart framed; and so enhanced the amount of compensation to be paid to the claimants at the following rates : -