STATE OF PUNJAB Vs. MITHU SINGH

JUDGEMENT

(1.) THIS common judgment shall dispose of RFA No. 2082 of 2004 titled State of Punjab & Anr. v. Mithu Singh & Ors., and other connected RFA Nos. 2083 to 2099 of 2004, and 1580 to 1590 and 1593 to 1599 of 2005 titled State of Punjab & Anr. v. Mukhtiar Singh & Ors., State of Punjab & Anr. v. Makhan Lal & Ors., State of Punjab & Anr. v. Gulzara Singh & Ors., State of Punjab & Anr. v. Mohinder Singh & Ors., State of Punjab & Anr v. Smt. Baltej Kaur & Ors., State of Punjab & Anr. v. Midda Singh & Ors., State of Punjab & Anr. v. Dhanantar Singh & Ors., State of Punjab & Anr. v. Manmohan Lal Gupta & Ors., State of Punjab & Anr. v. Maya Devi & Ors., State of Punjab & Anr. v. Sudesh Kumar & Anr., State of Punjab & Anr. v. Saroj Rani & Ors., State of Punjab & Anr. v. Subhash Chander & Ors., State of Punjab & Anr. v. Jal Kaur & Anr., State of Punjab & Anr. v. Tarsem Chand & Ors., State of Punjab & Anr. v. Atma Singh & Anr., State of Punjab & Anr. v. Sukhdev Singh & Anr., State of Punjab & Anr. v. Maya Devi & Anr., Market Committee, Bhikhi v. Saroj Rani & Ors., Market Committee, Bhikhi v. Maya Devi & Ors., Market Committee, Bhikhi v. Baltej Kaur & Ors., Market Committee, Bhikhi v. Sukhdev Singh & Ors., Market Committee, Bhikhi v. Mohinder Singh & Ors., Market Committee, Bhikhi v. Mukhtiar Singh & Ors., Market Committee, Bhikhi v. Manmohan Lal Gupta & Ors., Market Committee, Bhikhi v. Maya Devi & Ors., Market Committee, Bhikhi v. Makhan Lal & Ors., Market Committee, Bhikhi v. Dhanantar Singh & Ors., Market Committee, Bhikhi v. Jal Kaur & Ors., Market Committee, Bhikhi v. Sudesh Kumar & Ors., Market Committee, Bhikhi v. Mithu Singh & Ors., Market Committee, Bhikhi v. Modan Singh & Ors., Market Committee, Bhikhi v. Gurdev Kaur & Ors., Market Committee, Bhikhi v. Subhash Chander & Ors., Market Committee, Bhikhi v. Harinder Singh & Ors., Market Committee, Bhikhi v. Tarsem Chand & Ors., respectively, as these appeals have arisen out of the common judgment/award passed by the learned Additional District Judge, Mansa.

(2.) FOR the sake of brevity facts are being taken from RFA No. 2082 of 2004. State of Punjab by way of this RFA has challenged the award passed by the learned Additional District Judge, Mansa on an reference made under section 18 of the Land Acquisition Act, 1894 (for short the Act). State of Punjab in order to establish new grain market issued a notification under section 4 of the Act dated 30.11.1992. The notification was published in the Punjabi Tribune on 11.12.1992 and in the English Tribune on 14.12.1992. Objections filed by the land owners were dismissed on 22.4.1993 and notification under section 6 of the Act was published on 24.12.1993. By way of notification under section 6 of the Act land measuring 31 acres 1 kanal and 4 marlas was ordered to be acquired and notice under section 9 of the Act was issued to the owners on 9.4.1994. The Land Acquisition Collector entertained the claims of the landowners and passed award dated 18.7.1994 fixing the market value of Nehri land at Rs. 45019/- (Rupees forty five thousand and nineteen only) per acre and for Gair Mumkin land at the rate of Rs. 59,378/- (Rupees fifty nine thousand three hundred and seventy eight only) per acre. The landowners were further held entitled to solatium at the rate of 30 per cent and interest at the rate of 12 per cent per annum.

(3.) ON notice the appellant/State contested the claims and took a stand that the compensation has rightly been awarded by the Land Acquisition Collector as per the recommendation of Commissioner, Ferozepur Division, Ferozepur. A plea of reference being time barred was also taken.