THURU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment, 56 Regular First Appeals bearing Nos. 4304, 3527, 5091, 3529 to 3533, 3535 to 3540, 4258 to 4286, 4297, 4301 to 4303, 4305, 4525 to 4531 and 3528 of 2001 filed by claimants against the impugned award of the Additional District Judge, Gurdaspur dated 31.3.2001 are being disposed of together as identical question of law and facts are involved therein. However, the facts are being extracted from RFA No. 4525 of 2001 titled as Thuru Ram v. State of Punjab and others.

(2.) VIDE notification issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') dated 12.1.1990, land measuring 23.83 acres in villages Jugial and Rajpura was acquired at the public expense, for public purpose, namely, for construction of Shahpur Kandi Hydel Channel from point A to A-1 for the Shahpur Kandi Barrage Project. On the same date, another notification was issued under Section 4 of the Act and land measuring 23.94 acres of village Rajpura was acquired for construction of Shahpur Kandi Hydel Channel from point A1 to A2 for the Shahpur Kandi Barrage Project. A follow up notification for both the acquisitions was issued under Section 6 of the Act on 28.2.1990. The Land Acquisition Collector (for short 'the Collector') vide his award dated 29.5.1991 pertaining to the acquisition of land measuring 23.83 acres, awarded the following rates : Village Rajpura : Nehri/Chahi Rs. 36,000/- per acre Barani I Rs. 30,000/- per acre Barani II Rs. 24,000/- per acre Gair Mumkin/Rasta Rs. 24,000/- per acre Village Jugial : Barani II Rs. 24,000/- per acre In respect of acquisition of 23.94 acres of land, the Collector vide his award dated 26.9.1991 awarded the following rates for village Rajpura : Nehri/Chahi Rs. 36,000/- per acre Barani I Rs. 30,000/- per acre Barani II Rs. 24,000/- per acre Gair Mumkin/Talab Rs. 4000/- per acre Gair Mumkin Abadi Rs. 40,000/- per acre Gair Mumkin Rasta Rs. 24,000/- per acre The land owners were not satisfied with the award of the Collector, therefore, they filed Objections under Section 18 of the Act and claimed Rs. 6,000/- per marla. On 27.3.1992, 19 references pertaining to the acquisition of the year 1990, were decided by the Additional District Judge, Gurdaspur and the market value was assessed @ Rs. 1,000/- per marla i.e. Rs. 1,60,000/- per acre after holding that the land was having potential value being adjoining to village Jugial Town which was having all the civic amenities. The State of Punjab challenged the said award of Additional District Judge, Gurdaspur dated 27.3.1992 by way of appeal in lead case bearing RFA No. 1927 of 1992 titled as Punjab State and others v. Thuru Ram.

(3.) AFTER the remand, the parties led their respective evidence inasmuch as in order to prove the sale deeds, vendors and vendees were produced. The claimants relied upon sale deeds, which are reproduced as under : "Sr. No. Sale Deed/dates Vendor Vendee Area Amount 1. Ex.A2/13.11.99 Surjit Tarsem lal 10 Marla 35,000/- 2. Ex.A3/8.3.90 Bhau Smt. Darshna Kumari 4 M 4,000/- 3. Ex.A4/8.2.91 Shanti Sarup Ajit Lal 4 M 60,000/- 4. Ex.A5/12.7.89 Bachittar Balak Ram 10 M 8,000/-