STATE OF PUNJAB Vs. NIRANJAN SINGH

JUDGEMENT

(1.) This Regular First Appeal has been filed by the State of Punjab against the award of Additional District Judge, Patiala dated 5.8.1981, whereas the claimants have filed the cross-objections.

(2.) The brief facts are that land measuring 218 Kanals 17 Marlas was acquired by the State of Punjab vide notification dated 8.1.1974. The land is situated in Kasba Rurki, The purpose of acquisition is the construction of 36. P.A.P. Bn. Headquarters at Patiala. The Land Acquisition Collector vide his award dated 17.12.1974 assessed compensation for Chahi and Nahri land at the rate of Rs. 7200/- per acre; for Barani land the compensation was assessed at the rate of Rs. 4700/- per acre and for Banjar/Gair Mumkin it was fixed at the rate of Rs. 2250/- per acre. On the reference having been made under Section 18 of the Land Acquisition Act, the learned Additional Distt Judge fixed the market value of the land at the rate of Rs. 30,000/- per acre on the flat rate irrespective of the category. As has been observed above, the State of Punjab dissatisfied with the award of the Additional District Judge, Patiala, has come up before this Court seeking reduction in the compensation whereas the claimants have filed cross-objections seeking the indulgence of this Court for enhancing the compensation.

(3.) There is absolutely no force in the appeal filed by the Punjab State because the two transaction which were relied upon by the appellant before the trial Court do not relate to the land situated in Kasba Rurki. Moreover, they are mutations which are inadmissible in evidence in view of the Full Bench judgment rendered by this Court.