MOHAN SINGH Vs. LAND ACQUISITION COLLECTOR, SYL, PATIALA

JUDGEMENT

(1.) Has the learned Single Judge not assessed the market value of the land correctly This is the short question that arises for consideration in this bunch of seven Letters Patent Appeals. A few facts may be noticed.

(2.) On November 27, 1982 the State Government issued a notification under Section 4 of the Land Acquisition Act, 1894, in respect of 84.55 acres of land. Ultimately, land measuring 83.50 acres was acquired. The Land Acquisition Collector had divided the land into seven separate parts depending upon its quality and awarded the compensation in respect of the land at different rates. The landowners were not satisfied. The matter was referred to the District Judge, Ropar, who found that the market value was higher than that awarded by the Land Acquisition Collector. Still not satisfied, the landowners filed the Appeals. The learned Single Judge found that the market value of all types of Barani land including Banjar Jadid and Banjar Kadim (except Gair Mumkin and under Abadi) was 33,334/- per acre. The remaining land viz. Chahi was assessed at Rs. 40,000/- per acre. In respect of the Gair Mumkin Abadi land, the market value was assessed to be Rs. 62,608/- per acre. In this respect the learned Judge had upheld the findings recorded by the Land Acquisition Court.

(3.) Mr. R.L. Sharma, learned counsel for the appellants in these appeals, contends that the market value as assessed by the learned Single Judge is not correct. It has been submitted that according to the evidence on record the land in village Saini Majra was sold in June 14, 1982 viz. about 5 months prior to the issue of the notification under Section 4 at the rate of Rs. 80,000/- per acre. It has been further contended that according to the oral testimony of Lakhbir Singh, PW2, the land in village Saini Majra was similar to that of village Sirsa Nangal and Inderpura. Is it so