HARPAL SINGH Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The present judgment shall dispose of 7 appeals bearing RFA979, 980, 981, 982, 1677, 2952 & 3496-2009, of the land-owners involving common questions of law and facts, filed against the award dated 02.09.2008, passed by the Reference Court at Faridkot under Sec. 18 of the Land Acquisition Act, 1894 (for short, the 'Act'), whereby the Reference Court has enhanced the market value of the land falling in Village Machaki Khurd, to Rs.3 lakhs per acre, from Rs.1,90,000.00 per acre, against the award of compensation by the Land Acquisition Collector, Faridkot dated 16.04.2001.

(2.) The notification under Sec. 4 was issued on 15.10.1998 and under Sec. 6 on 26.10.1998, for the purpose of construction of Beehlewala minor, by the Punjab State. Aggrieved by the market value assessed by the Collector, reference petitions were filed under Sec. 18 of the Act, claiming higher compensation to the tune of Rs.15 lakhs per acre. The ground taken was that the land was situated near Faridkot town and there was abadi and residential buildings, a big cantonment, colleges and schools near the acquired land and it had great potential for residential and commercial purposes.

(3.) In the cases of appellants-Harpal Singh-RFA-979-2009, Jarnail Singh-RFA-2952-2009, Sukhdev Singh-RFA-982-2009, Gurnek SinghRFA-3496-2009 and Nachattar Singh-RFA-980-2009, it was their specific claim that their land had been divided into 2 parts by the construction of the minor and it was very difficult to manage the land on both sides of the canal. Specific plea was taken in para No.11 in Harpal Singh's case, which is the main case.