JANGIR KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present judgment shall dispose of 14 appeals i.e. RFA Nos. 7831 to 7844 of 2013, as common questions of facts and law are involved in all the appeals. Reference is being made to RFA No. 7831 of 2013, Jangir Kaur vs. State of Punjab and another.

(2.) The present set of appeals under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') is directed against the award dated 15.07.2013 passed by the Reference Court, Patiala whereby, compensation has been enhanced from Rs.30,00,000/- per acre as awarded by the Land Acquisition Collector to Rs.36,30,000/- per acre (Rs.750/- per sq. yd.). The basis of enhancement is on the ground that the land measuring 6 kanals and 9 marlas situated in village Sher Majra, Tehsil and District Patiala was acquired vide notification dated 29.03.2010 for setting up a Sewerage Treatment Plant and on an earlier occasion, the land of the said village was acquired for the construction of southern by-pass for which notification was issued on 09.04.2001 and the award was passed on 12.06.2012 (Ex.P-9) by the Reference Court and the market value was assessed at Rs.500/- per sq. yd. Resultantly, keeping in view the fact that one end of the land acquired also abuts the by-pass and the acquisition had taken place 9 years later, compensation was assessed at Rs.750/- per sq. yard. The beneficiary for whom the land was acquired namely the Water Supply and Sewerage Board, Patiala had filed appeals, which were dismissed on 11.12.2013 bearing RFA No. 7382 of 2013 and it was observed that the land owners would not be prejudiced by the dismissal and their appeals would be considered on their own merits.

(3.) Counsel for the appellants-land owners has argued that in connected RFA No. 2741 of 2012, Gurpreet Singh vs. State of Punjab and others, compensation has been enhanced qua the award dated 12.06.2012 in as much as the amount has been enhanced to Rs.1,400/- per sq. yd. (Rs.67,76,000/- per acre) and, therefore, similar benefit should also be granted as it would be relevant piece of evidence as such.