NIRANJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Letter Patent Appeal Nos. 1412, 1413 of 1988 and 525 of 1989 are being disposed of through this common judgment as they arise out of the same judgment dated 19.5.1988 rendered by the learned Single Judge in F.A.O. Nos. 1136, 1137 and 1015 of 1985.

(2.) The Facts necessary for deciding these appeals are that land measuring 15 bighas 13 biswas i.e. 1/4th share of land measuring 62 bighas 13 biswas comprised in khasra Nos. 2638, 2355, 2574, 2658, 2356; 6 bighas 4 biswas comprised in khasra Nos. 2581, 5030/2364, 5049/2364, 2357, 5050/2364 belonging to Chand Kaur widow of Lekal Singh, Malkiat Singh, Mal Singh sons of Lekal Singh (in equal shares) : 20 bighas 18 biswas i.e. 1/3rd share of land measuring 62 bighas 13 biswas, 8 bighas 13 biswas, i.e. 1/5th of land measuring 55 bighas 4 biswas belonging to Major Singh, Mal Singh, Amrik Singh, Zora Bhupinder Singh sons of Bharpur Singh (in equal share) : 20 bighas 10 biswas i.e. 1/3rd share of 62 bighas 13 biswas, 9 bighas 17 biswas of 53 bighas 4 biswas belonging to Nihal Kaur widow of Pritam Singh, Tar Kaur children of Ishar Singh (in equal shares); 77 bighas of land bearing khasra Nos. 2628 min. 2670, 2672, 2673, 2676, 2678, 55 bighas 3 biswas, 23/55th share of land bearing khasra No. 2369 min. 2370 min. 1/6th share of land belonging to Gurjant Singh, Kaka Singh sons of Jaswant Singh (in equal shares); 18 bighas 2 biswas i.e. 2/3rd share of land measuring 27 bighas 3 biswas bearing khasra No. 2615 belonging to Niranjan Singh son of Kartar Singh; 9 bighas 1 biswa i.e. 1/3rd share of 27 bighas 3 biswas of land belonging to Sardool Singh (1/3d share). Chanan Singh, Gurdial Singh sons of Makhtool Singh (2/9th share), Gurnam Kaur widow of Jeon Singh (1/45th share). Teja Singh, Chotto, Balbir Kaur children of Jeon Singh (4/45th share) was requisitioned under Section 29 of the Defence of India Act; 1971 on 7.10.1972 for defence purpose and the same was.acquired vide notification dated 20.1.1975 published under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (for short, the Act). This chunk of land was a part of bigger chunk of land measuring 1230.80 acres of land situated in the revenue estate of Village Bathing, which was acquired on the said tats. The Special Land Acquisition Collector-cum-Competent Authority awarded the following rates of compensation to the landowners vide award dated 6.3.1975 :-

(3.) Feeling dis-satisfied with the award of the Special Land Acquisition Collector, the landowners sought reference to the Arbitrator appointed under the Act for enhancement of the compensation who, vide award dated 8.8.1985 relying on the decision of a learned Single Judge of this Court in FAO No. 423 of 1979-Mukhtiar Singh v. State of Punjab and others, decided on 16.10.1984 enhanced the compensation of the requisitioned land as follows :-