VIDYA WATI Vs. PUNJAB STATE

JUDGEMENT

(1.) By notification on 23.4.1976, the State of Punjab acquired 12 acres of land in village Siali, district Gurdaspur, for the construction of a public road. The Land Acquisition Collector, by award dated 8.10.1977, awarded compensation as follows :-

(2.) As regards the State Appeal the market price of the land acquired was determined at Rs. 300/- per Marla for Block 'A' and Rs. 170/- per Marla for Block 'B'. To that extent, the State appeal was allowed and the market price fixed by the Additional District Judge was thus modified. As regards the appeal filed by the claimants (i.e. R.F.A. No. 1097 of 1980), the Collector had awarded Rs. 86,700/- as the value of the building, i.e., superstructure, which was modified by the learned Additional District Judge, and was fixed at Rs. 88,692.50. In appeal, the learned Single Judge enhanced it to Rs. 1,03,209/- as the market price of the superstructures on the acquired land.

(3.) In this appeal filed by the claimants, the claim is only for enhancement of the compensation for the land acquired and not for superstructures. According to the learned counsel for the appellants, Civil Miscellaneous Application No. 243-CI of 1984 was filed before the learned Single Judge under Order 41, Rule 27, Code of Civil Procedure praying that the applicants be allowed to produce documents Annexures P-1 and P-2 by way of additional evidence. However, no order was passed thereon and thus the learned Single Judge erred in law in awarding the compensation for the acquired land at different rates. According to the learned counsel, it has been completely overlooked that for the land acquired for Wood Seasoning Plant in the year 1966, which is located at a distance of 200 feet from the acquired land, the Additional District Judge had allowed compensation at Rs. 500/- per Marla. The land in the present case was acquired in the year 1976, i.e., 10 years later. Thus, according to the learned counsel, the appellants were entitled to compensation at least at the rate of Rs. 1000/- per Marla.