KASHMIRI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, four Regular First Appeals Nos. 6, 7, 8 and 52 of 1983 are for disposal. The main judgment is prepared in R.F.A. No. 52 of 1984 as Additional District Judge, Ferozepur consolidated the cases and recorded evidence in the case of Kashmiri Lal and another and decided different land acquisition cases.

(2.) 55 Acres 5 Kanals and 1 Marla of land in village Jalalabad was acquired by the State of Punjab vide notification dated March 10, 1978 issued under section 4 of the Land Acquisition Act for construction of New Mandi. The land measuring 175 Kanals 2 Marlas belonging to Bishan Dass was acquired who died and was succeeded by Kashmiri Lal and Gurbux Lal. Land measuring 32 Kanals belonged to Pritpal Singh and Mohinder Singh, sons of Bhagwan Singh, Lachmi Bai and Lajwanti, widows of Bhagwan Singh and Abanshi Ram respectively. Land measuring 23 Kanals 2 Marlas belonged to Pritpal Singh, Mohinder Singh and Lachmi Bai aforesaid and land measuring 22 Kanals 14 Marlas belonged to Surinder Singh son of Bhagwan Singh. These persons were allowed compensation by the Land Acquisition Collector at the rate of Rs. 4500/- per acre vide award dated March 3, 1978. They filed applications under section 18 of the Land Acquisition Act claiming enhanced compensation for the acquired land as well as on account of severance as their remaining land, as detailed below, was locked and could not be used for want of passage :-

(3.) The situation of the land can well be appreciated by making reference to the two plans produced in the case. Exhibit A.2 is the plan produced by the claimants and Exhibit R.1 is the plan produced by Mukhtiar Singh Patwari R.W.1. A.W. 2 Sunder Singh Draftsman prepared the plan, Exhibit A2. AW3 Bag Ram Patwari deposed about the situation of the land of the appellants. AW4 Pritpal Singh, AW5 Surinder Singh and AW6 Gurbux Lal, the claimants, deposed about the situation of the acquired land. According to them, there are rice shellers near the acquired land. There is Power House at the distance of 200 feet having residential quarters. The acquired land is at a distance of 200 yards from the Ferozepore-Fazilka road. The municipal limits of Jalalabad adjoin their land. R.W.1 Mukhtiar Singh Patwari deposed that the acquired land is not cultivable and is at a distance of 2-1/2 Kms from Indo-Pak border. The land is out of Municipal Committee limits. The plan, Exhibit A2, shows the existence of Rice-Shellers, Saw Mills, Petrol Pumps abutting on the Ferozepore-Fazilka Highway. From the aforesaid facts, it is clear that though a big chunk of land measuring 55 acres is being acquired, some of the land acquired is abutting on the Ferozepore-Fazilka Highway for which higher compensation is obviously permissible. The other land which is away from the highway is to be treated as agricultural land, more so when the same has been declared as unbuilt area by the Municipal Committee. The general appreciation of the land still has to be taken into consideration as there is no bar for the State or the Government Agencies to acquire the land and raise construction. Reference would be made to certain awards vide which land was acquired earlier for FCI Godowns etc.