UNION OF INDIA Vs. HARDIT SINGH

JUDGEMENT

(1.) Nearly 372 regular first appeals and cross objections have been listed together for disposal as they arise from common notification but different awards though granting identical amount of compensation payable to the claimants for acquisition of their lands under the provisions of the Land Acquisition Act, 1894, hereinafter referred to as the Act.

(2.) For the course of action which the Court proposes to adopt in these cases, it is not necessary to discuss the facts in great detail, but reference to the facts of the main cases in a concise manner, would suffice the purpose. Vide notification under Section 4 of the Act dated 15.7.1987 published in the Gazette of Punjab Government dated 24.7.1987, 9630 Kanals 17 Marias of land was proposed to be acquired in eight villages namely, Simbli Gujran, Fatehgarh, Najo Chak, Lahri, Mirzapur, Bias Lahri, Panjupura and Naushera-nal-Bandan, in Tehsil Pathankot, District Gurdaspur. The notification under Section 6 of the Act dated 15.7.1987 was published on 31.7.1987. The Special Land Acquisition Collector, vide his Award No. 3 of 1988-89 dated 31.7.1989 awarded uniform rate of compensation in respect of all the above villages in addition to the compensation payable for construction and trees. The amount of compensation awarded was as under- Nehri, Chahi, Gair Mumkin Abadi Rs. 35,000/-per acre (Rs.218.75 per marla) Barani I and Barani II Rs. 25,000/- per acre (Rs.160.00 per marla) Banjar Qadim and Banjar Jadid Rs. 12,500/- per acre (Rs.78.00 per marla) Gair Mumkin Rs. 1,000/- per acre (Rs.6.25 per marla)

(3.) Being dis-satisfied with the amount awarded, the claimants filed references under Section 18 of the Act before the learned District Judge, Gurdaspur. Both the parties adduced oral as well as documentary evidence. The Union of India as well as the State objected enhancement in view of the evidence led while the claimants claimed increase in the amount of compensation by Rs. 3,500/- to Rs. 20,000/- per marla in their respective cases. The learned Additional District Judge dealt with this entire bunch of cases in different groups and passed 32 awards on different dates though awarding the same amount of compensation. The details of the awards passed by the trial Court are as under :- <FRM>JUDGEMENT_727_TLP&H0_1998(1).html</FRM>