SITAL SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) Present judgment shall dispose of the above mentioned appeal filed under Section 54 against the award of Reference Court, Kapurthala, dated 28.09.2013. The notification for acquisition under Section 04 of the Land Acquisition Act was issued on 11.08.2000 whereby 392 kanals 12 marlas of land sought to be acquired of village Alla Dad Chak and 165 Kanals 3 marlas of village Machhi Joa, totaling upto 537 kanals and 14 marlas.

(2.) The Land Acquisition Collector had awarded compensation by adopting the principle of belting vide the award dated 05.12.2001 and which was maintained by another Reference Court on 24.05.2004. The landowners in the present set of cases had challenged the acquisition proceedings and their writ petitions (Ex.R-8) ultimately came to be dismissed on 06.08.2008 (Ex. R-9) and the SLP was dismissed on 28.11.2008 (Ex. P-48), resultantly they filed reference petitions on 11.04.2009. Vide impugned award dated 28.09.2013 the landowners were held entitled to compensation at Rs.8,20,000/- per acre for village Alla Dad Chak and Rs.6,26,000/- per acre for the land situated in village Machhi Joa in addition to solatium and other statutory benefits.

(3.) Against earlier award dated 24.05.2004 of the Reference Court whereby enhancement had not been granted, the other landowners had preferred appeals before this Court bearing RFA No. 1818 of 2004 Sadhu Singh & Anr. Vs. State of Punjab etc. and which were decided on 28.09.2012. The valuation was fixed at Rs.8.20 lakhs per acre for Village Alla Dad Chak and Rs.6,26,000/- per acre for village Machhi Jao. The Reference Court in its award dated 28.09.2013 thus chose to follow the said decision and rejected the plea of the State that the reference petitions were time barred.