NAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine will dispose of three Regular First Appeal Nos. 181 to 183 of 1986 all filed by the landowner-claimants as they arise out of the one and the same Award given by the Additional District Judge, Faridkot, dated 20.9.1985.

(2.) The land measuring 103 kanals situated in the revenue estate of village Jhanda Wala (Ilaqa Charik), Tehsil Moga. District Faridkot, had been acquired by the Punjab State for a cattle-fair ground by issuance of a notification dated 13.7.1977 under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act'). The Land Acquisition Collector Moga, vide his Award dated 30.8.1982 assessed the market value of the acquired land at the rate of Rs. 10900/- per acre. On reference under Section 18 of the Act, the Additional District Judge vide his Award under challenge before me determined the market value of the acquired land at Rs. 12500/- per acre. The Additional District Judge has relied upon Exhibit P-4 a mutation.

(3.) Mr. Viney Mittal, learned counsel for the landowner-claimants has argued that the mutations cannot be relied upon as being inadmissible in evidence in view of the law laid down by a Full Bench of this Court in State of Punjab v. Pohu and another, 1985 PunLJ 583. There is considerable force in the argument. Since the Award is based upon consideration of one mutation only which has been held in Pohu's case being inadmissible, this Court is left with no other alternative but to determine the market value of the acquired land on the basis of sale instances produced by the landowners because the State has not produced any sale deed.