GURBAX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE appeals have been filed under Clause X of the Letters Patent against the judgments of the learned Single Judge dated 8.12.1988.

(2.) THE facts necessary for deciding the common question of law raised in these appeals are that vide notification dated 17.1.1997 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act of 1894'), the Government of Punjab acquired land measuring 147 Bighas 3 Biswas for the purpose of setting up grain market - New Morinda Mandi at Morinda, District Ropar. However, without finalising the acquisition proceedings in accordance with Sections 5-A, 6 and 9 of the Act, the government invoked emergency provisions and took possession of the land on 24.1.1977. These proceedings were successfully challenged by the land-owners in C.W.P. No. 2151 of 1977 Inder Singh etc. v. State of Punjab and others. That petition was allowed by the High Court on 22.9.1978 on the ground that there was no urgency for setting up the grain market (1978 P.L.J. 385). Thereafter, the government initiated acquisition proceedings afresh by issuing notification dated 2.1.1979 under Section 4 of the Act. The final notification under Section 6 of the Act was issued on 4.2.1982 and the possession was taken on 31.3.1982. The Land Acquisition Collector passed two awards for payment of compensation to the landowners. He divided the acquired land in 3 blocks and fixed separate market value of the land falling in each block.

(3.) FEELING dis-satisfied with the award of the Land Acquisition Collector, the landowners filed 13 reference applications which were consolidated by the order of the Reference Court dated 15.12.1983. After framing common issues and recording evidence produced by the parties in Reference No. 80 of 1983, titled Kaushalya Devi v. State of Punjab the learned District Judge, Ropar passed the award dated 2.3.1985. He ordered the payment of enhanced compensation at the rate of Rs. 75,000/- per acre in respect of land falling in revised block 'A' and Rs. 60,000/- per acre in respect of the remaining land. He also directed payment of compensation of Rs. 25,000/- to Gurbax Singh and Balbir Singh in respect of the tube-well and the pipe line and another sum of Rs. 35,000/- to Gurbax Singh for the constructions. Balbir Singh was directed to be paid Rs. 7,600/- of compensation in respect of the constructions existing on his land.