STATE OF PUNJAB Vs. SWINDER KAUR

JUDGEMENT

(1.) Pursuant to the notification published on 23rd November. 1983, under section 4 of the Land Acquisition Act, 1894 (hereafter called the Act), the State of Punjab sought to acquire 1.42 acres of land from the revenue estate of village Nalagarh for a public purpose, i. e. for the creation of the bye pass along the Amritsar-Tarn Taran metalled road in the municipal area of Tarn Taran. The Land Acquisition Collector awarded compensation at Rs. 10,000/- per acre, besides allowing 15% solatium being with the adequacy of compensation all the land dissatisfied satisfied holders/sought references under section 18 of the Act to the District Judge, Amritsar. The Addl. District Judge, Amritsar, vide impugned award, maintained the compensation of Rs. 10,000/- per acre awarded by the Land Acquisition Collector, but allowed 20% more on compensation on account of severances of the land-holdings,

(2.) Aggrieved against the said award of the Addl. District Judge, the State of Punjab has come up in appeal. Connected R.F.A. No. 555 of 1979 is also preferred by the State of Punjab against the same award of the learned Addl. District Judge. Both these appeals shall be disposed of by this judgment as they relate to the adjoining land, acquired by the same notification and arise out of the awards at the Collector and the Additional District Judge.

(3.) The learned Additional District Judge has relied upon saletransactions, exhibited by mutations exhibits R4 and R5, involving sale of 20 kanals 8 marlas and 6 kanals 6 marlas of land respectively, in the year 1973, while sale-transactions exhibited by mutations R2 R3 and R6 and R7 were discarded being of the years 1969 and 1971. The land subject-matter of mutations Exhibits R4 and R5 being located at a distance of 12 killas from the acquired land, it was held that the amount of Rs. 3,000/- per acre over and above the average price of these two mutations awarded by the Collector cannot be said to be exorbitant. Under these circumstances, he maintained the award of the Land Acquisition Collector.