LACHHMAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Letters Patent Appeal Nos. 812 to 822, 862, 863, 866, 867 and 868 of 1987, 1114 to 1125 of 1998 and 854 of 1990 filed by different claimants and decided by D.V. Sehgal, J. vide his judgment dated 26.3.1987. L.P.A. No. 1114 to 1988 is decided alongwith the aforesaid appeals. Regular First Appeal No. 2252 of 1985 in this case was decided by G.C. Mittal, J. vide his order dated 11.8.1987.

(2.) IN Letters Patent Appeal Nos. 812 to 822 of 1987, the land measuring 11.49 acres was acquired vide notification dated 25.2.1983 within the revenue estate of village Bathonian Khurd for the construction of Satluj Yamuna Link canal. In Letters Patent Appeal Nos. 1114 of 1125 of 1988 and 854 of 1990, land measuring 50.04 acres in village Bathonia Kalan in District Patiala was acquired vide notification dated 14.12.1982 for the construction of Satluj Yamuna Link Canal. In Letters Patent Appeal Nos. 862, 863, 866, 867 and 868 of 1987, land measuring 15.38 acres was acquired in village Bibipur for the construction of SYL Canal vide notification dated 13.12.1982. The land acquired in all these three villages is in close proximity of village Bathonian Khurd.

(3.) BEING dissatisfied, the landowners made references under Section 18 of the Land Acquisition Act (for short the 'Act') which have been disposed of vide award of the learned District Judge and were challenged in the Regular First Appeals. The learned Additional District Judge determined the market value as under : - Chahi Rs. 10,000/ - per bigha Barani Rs. 15,000/ - per acre Banjar/Ghair Mumkin. Rs. 12,000/ - per acre. The land owners of village Bathonian Khurd preferred R.F.A. No. 802 of 1986. After hearing the rival contentions, the learned Single Judge observed that the District Judge has not mentioned any sale instance which could have been taken into consideration while fixing the compensation. The landowners also failed to bring on record any sale instance pertaining to village Bathonian Khurd to show that the compensation awarded by the Collector is inadequate. The landowners placed reliance on the award of the District Judge by which land of villages Ganda and Chalheri was acquired. Raja Ram AW -4 stated that the land of village Chalheri is close to the land acquired in village Bathonian Khurd.