LAWS(P&H)-2008-12-128

STATE OF PUNJAB Vs. ISHAR SINGH

Decided On December 04, 2008
STATE OF PUNJAB Appellant
V/S
ISHAR SINGH Respondents

JUDGEMENT

(1.) THIS common order shall dispose 17 Regular First Appeals with 9 cross-objections, bearing RFA Nos. 60 & 62 of 1994 with X- objections 53 & 54-CI of 1994, RFA No. 63 of 1994 with X-objection 55-CI of 1994, RFA No. 65 of 1994 with X-objection 56-CI of 1994, RFA No. 67 of 1994 with X-objection 57-CI of 1994, RFA No. 68 of 1994 with X-objection 63-CI of 1994, RFA No. 70 of 1994 with X-objection 58-CI of 1994, RFA No. 71 with X- objection 64-CI of 1994, RFA No. 74 of 1994 with X-objection 125-CI of 1995 and RFA Nos. 61, 64, 66, 69, 72, 73, 358 & 359 of 1994 as identical questions of law and facts are involved therein.

(2.) LAND situated in village Landiali, Hadbast No. 227, Tehsil Sirhind, District Patiala, was acquired for construction of Chunni distributory from R.D. 4542 to 6100 metres with the issuance of notification under Section 4 of the Land Acquisition Act, 1894 (in short 'the Act') published on 11.3.1987 followed by a notification of declaration issued under Section 6 of the Act published on 14.3.1987.

(3.) UNSATISFIED landowners carried reference to the Civil Court wherein it was claimed that the value of the land at the time of acquisition was not less than Rs. 2 lacs per killa. It was claimed that the left over land was effected by moisture caused by water of the Canal and a sum of Rs. 20,000/- was claimed as damages towards it besides Rs. 10,000/- was claimed for standing crops. It was further maintained that the quality of the entire land was Chahi which was wrongly treated as Barani. The landowners also claimed compensation for severance charges of their land.