LAWS(P&H)-2009-2-97

BUR SINGH Vs. STATE OF PUNJAB

Decided On February 19, 2009
BUR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of Five Regular First Appeals bearing Nos.2397,2394,2395,2396 and 2398 of 1993, filed by the appellants/claimants against the award of learned Addl. District Judge, Jalandhar dated 17.2.1993, vide which the compensation for the acquired land has been assessed @ Rs. 2000/- per marla for chahi land and Rs. 700/- per marla for other than chahi land. Since identical question of law and facts are involved in these appeals, therefore, these are being decided by this common judgment. The facts, however, are taken from RFA No. 2397 of 1993.

(2.) VIDE notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') dated 8.10.1987, followed by a notification of declaration dated 03.2.1988, land situated in village Lohian Sultanpur, was acquired for the purpose of widening of Lohian-Sultanpur Road.

(3.) PROVOKED by the inadequacy of compensation awarded by the Collector, the appellants filed objections under Section 18 of the Act and sought reference to the Civil Court. It was alleged that the land in question is located at the junction of Sultanpur Lohian Ferozepur Road near the Bus Stand of Lohian town. There are number of Rice Shellers, Railway Station, Railway Quarters and residential houses located quite adjacent to the acquired land. Petrol Pumps, Rest House and Grain Market are located near it. As per the claimants, the market value of the acquired land was not less than Rs. 8000/- per marla.