GURJEET KAUR & OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present judgment shall dispose of 11 appeals bearing RFA1816, 2035, 2036, 2079 & 2178-2004, 485, 503, 504, 505 & 507-2005 and 5564-2014 and X-OBJ-21-CI-2005 in RFA-2178-2004, involving common questions of law and facts, filed against the awards dated 24.05.2004, 05.06.2004 and 31.07.2004, passed by the Reference Court at Hoshiarpur under Section 18 of the Land Acquisition Act, 1894 (for short, the 'Act'), whereby the Reference Court has assessed the market value at Rs.20,000/- per marla (Rs.32 lacs per acre).

(2.) The land in question measuring 54 kanals 6 marlas (around 7 acres) was sought to be acquired for the purpose of setting up the Judical Court Complex at Dasuya. The Section 4 notification was issued on 08.09.1994 and the Land Acquisition Collector, vide award dated 07.07.1997, assessed the market value at the following rates: <FRM>JUDGEMENT_36_LAWS(P&H)2_2018_1.html</FRM>

(3.) The land-owners being dissatisfied, filed reference applications under Section 18 whereby they challenged the compensation awarded as being ridiculously low and inadequate and primarily relied on the market value on the basis of the 2 sale deeds dated 05.04.1991 (Ext.A-4) and 28.10.1992 (Ext. A-5), which were in favour of Surinder Singh of 1 marla each (25 Sq.yards). The vendor in the sale deed in question was Kuldip Singh, who is appellant in RFA-2036-2004 and whose 1 kanal 2 marlas land has also been acquired in addition to the 2 marlas of land of Surinder Singh. The claim was between Rs.1,25,000/- to Rs.2 lacs, per marla by the land-owners (Rs.3,20,00,000/- per acre). It was their case that the land was situated within the Municipal Limits Dasuya and falling in Ward No.9, though it was falling in the revenue estate of Villge Langarpur. It was, accordingly, contended that it had commercial value falling on GT road leading from Jalandhar to Pathankot and therefore, the potentiality of the land in question had not been properly assessed.