KULDIP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of two connected appeals, R.F.A. Nos. 1328 and 1329 of 1977, which arise out of the same acquisition proceedings and a common award given by the District Judge.

(2.) By notification dated 5th of February, 1973, the State of Punjab acquired 407 Kanals 9 Marlas of land in four villages, namely, Shahr, Mirzapur, Hajipur and Madhopur in tehsil Pathankot district Gurdaspur, for Military authorities as the same was already under their occupation by virtue of requisition. In these appeals, we are concerned only with the land situate in village Madhopur. The Land Acquisition Collector, by award dated 23rd of October, 1975, awarded compensation with regard to the land in village Madhopur at the rate of Rs. 3,000/- per acre and for the land in the remaining three villages at the rate of Rs. 2,600/- per acre. On reference to the District Judge, the compensation was enhanced to Rs. 6,000/- for the land in village Madhopur for the other villages, it was increased to Rs. 5,400/- per acre, by award dated 9th of March, 1977. Dissatisfied with the award of the District Judge, the claimants have come up in appeals to this Court.

(3.) It is urged by Mr. M.L. Sarin, counsel for the appellants that in para 14 of the award, the learned District Judge has come to a definite conclusion that the land in village Madhopur is situate close to the National Highway from Pathankot to Jammu and has great potential value. The words used by the learned District Judge deserve to be quoted thus :-