STATE OF PUNJAB Vs. GURBAX SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of 16 Regular First Appeals bearing Nos. 3003 to 3011, 3183 to 3186, 3265, 3550 of 1993 and 85 of 1994 filed by land owners/claimants and by the State of Punjab against the award of Additional District Judge, Patiala dated 8.4.1993. Since identical question of law and facts are involved in these appeals, therefore, these appeals are being disposed of by a common judgment. However, for the sake of convenience, the facts are being taken from RFA No. 3003 of 1993 titled as State of Punjab and others v. Gurbax Singh.

(2.) LAND measuring 164 kanals 17 marlas situated in village Mubarakpur, Tehsil Rajpura, District Patiala was notified under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') dated 27.9.1987, published in extra ordinary Gazette dated 28.9.1987, followed by notification of declaration issued under Section 6 of the Act dated 21.1.1988, at public expense, for public purpose, namely, for setting up of a project of M/s Mohan Fibres Products Ltd. in village Mubarakpur. The acquired land was classified as under :- Chahi 57K- 10M Barani 103K - 18M Gair Mumkin 3K - 9M Total 164K - 17M

(3.) THE land owners/claimants were not satisfied with the award of the Collector, therefore, they filed Objections under Section 18 of the Act. The Collector referred the Objections to the Civil Court for adjudication. Both the parties led their oral as well as documentary evidence. The land owners examined claimant Gurbax Singh, who appeared as PW 1 and deposed that two factories, railway station and rest house are situated near the acquired land which is also located, on the main Kalka road. He also stated that Abadi of villages Mubarakpur and Meerpur is joint and the land acquired from the area of villages Mubarakpur and Meerpur is at a distance of 5 killas from each other. He further deposed that focal point is about one kilometer from the acquired land. Similar statement was made by another claimant Amarjit Singh, who appeared as PW3. Kuldip Singh, Patwari Halqa Mubarakpur appeared as PW2 and proved Aksh Latha Ex.P8. Besides oral evidence, the land owners also produced six sale deeds which are tabulated as under :