PUNJAB STATE Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS common judgment shall dispose of 40 Regular First Appeals bearing Nos. 2009 to 2029, 2245, 2304, 2364 to 2370 of 1995, 570 to 572, 824, 1377, 1650, 1810, 1877 to 1879 of 1996 filed by the land owners/claimants as well as by the State of Punjab against the award of the Reference Court dated 10.4.1995 as identical question of law and facts are involved in these appeals. However, for convenience, the facts are being taken from RFA No. 2009 of 1995 titled as The Punjab State and another v. Joginder Singh and another.

(2.) LAND measuring 774 kanals 11 marlas situated in village Sheron, Tehsil Tarn Taran was notified under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (for short 'the Act') dated 28.3.1985 followed by a notification issued under Section 6 of the Act dated 29.3.1985, for the public purpose, namely, for setting up of Majha Cooperative Sugar Mills Ltd. Sheron. However, the total area involved in notification under Section 6 of the Act was found to be 774 kanals 10 marlas. The acquired land which was classified as per jamabandi for the year 1983-84 is reproduced as under :-

(3.) THE aggrieved land owners were not satisfied with the award of the Collector, as such, they filed Objections under Section 18 of the Act to the Collector which were referred to the Civil Court for adjudication. Both the parties to the lis led their oral as well as documentary evidence. The learned Reference Court vide his award dated 10.4.1995 reassessed the compensation by giving a multiplier of 12 to the produce of two crops in a year and determined the compensation @ Rs. 33,840/- per acre for Chahi land and Rs. 22,000/- per acre for Barani and Gair Mumkin land. Aggrieved against this award of the Reference Court, both the State of Punjab and the land owners/claimants have come up in the aforesaid appeals.