PUNJAB STATE Vs. PIARA SINGH

JUDGEMENT

(1.) Pursuant to the notification dated August 10, 1979 issued under Section 4 of the Land Acquisition Act (for short the Act) the State Government acquired land measuring 48 acres, 3 kanals and 16 marlas. The land was situated in the revenue Estates of Jullundur and Maksudan and Nagra. The purpose of the acquisition was the development of New Sabzi Mandi and Fruit Market at Jullundur. The Land Acquisition Collector categorised the land into two Blocks. On reference under Section 18, the learned District Judge by his Award under challenge before me determined the market value of the acquired land at Rs. one lac per acre. The State of Punjab has filed Regular First Appeal No. 493 of 1985 whereas the claimants have filed Cross Objections No. 101-CI of 1988. This judgment of mine would dispose of the Regular First Appeal as well as the Cross-Objections.

(2.) Mr. Jasbir Singh, learned counsel for the Cross-Objections has brought to my notice an Award given by I.S. Tiwana, J. in M/s. Jalandhar Cold Storage v. Collector Land Acquisition, Jalandhar, RFA No. 1677 of 1984, decided on August 4, 1988 in which the market value of the acquired land was determined at Rs. 1,000/- per marla. In M/s. Jalandhar Cold Storage's case this Court was dealing with the same acquisition. Mr. O.P. Hoshiarpuri, learned counsel, appearing for the State has submitted that the Cross Objections in reply to the notice under Section 9 claimed only Rupees one lac as the market value of the acquired land. However, the claim made in response to Section 9 notice cannot be legally availed of by the counsel for the State as the Cross-Objectors in reference under Section 18 claimed Rs. 1,50,000/- per acre by way of enhancement. Repelling the argument I determined the market value of the acquired land at Rs. 1,000/- per marla by following the Award given in M/s. Jalandhar Cold Storage's case .

(3.) In the light of the observations made above, the State Appeal is dismissed with no order as to costs. The Cross-Objections are allowed with proportionate costs. The Cross-Objectors are further held entitled to the statutory benefits of the amended provisions of Section 23(1-A), 23(2) and 28 of the Act.