JALANDHAR COLD STORAGE Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) THESE thirty -eight appeals (R. F. A. Nos. 2120 to 2123 of 1984, 481 to 492, 494 to (sic)02, 552, 710 of 1985, 1676, 1677 of 1984, 104 to 111,478 of 1985) the first twenty -seven preferred by the State of Punjab and the remaining eleven by the landowner -claimants are being disposed of through this common judgment in view of the identity of facts and the contentions raised therein. The solitary question that needs to be settled relates to the determination of the market value of the acquired land

(2.) THE undisputed facts are that in pursuance of a notification published under Section 4 of the Land Acquisition Act (for short the 'Act') on August 10, 1979, an area measuring 58 acres 3 kanals 16 marlas falling within three revenue estates, i.e., villages Jalandhar, Maksudan and Nagra was acquired for the setting up of a vegetable and fruit market. Concededly, the entire acquired land fell within the municipal limits of Jalandhar Corporation. For evaluating the land for purposes of paying compensation to the landowners, the Land Acquisition Collector categorized it into two blocks on the basis of its distance vis a -vis the Grand Trunk Road, i. e , Jalandhar -Amritsar road and for 'A' Block he determined the market value at Rs. 50,000/ -per acre and for 'B' Block at Rs, 36,000/ -. Since the claimants did not accept the fairness of this compensation, they sought their respective references under Section 18 of the Act and as a result thereof, the District Court while maintaining the two blocks, has through different but somewhat similar awards, enhanced the rate of the market value to the following extent:

(3.) HAVING heard the learned Counsel for the parties at some length in the light of the evidence on record, while I find considerable merit in their first submission, I do not agree with them wholly so far as the second contention is concerned.