PUNJAB STATE Vs. KIRPAL SINGH

JUDGEMENT

(1.) This judgment will dispose of R.F.A. No. 243 of 1985 filed by the State of Punjab against Kirpal Singh and other land owners and Cross Objections Nos. 94-CI-1985 filed by Kirpal Singh and No. 7-CI of 1986 filed by Dhanna Singh and Virsa Singh and Civil Misc. No. 3598-CI of 1987, as well as R.F.As. Nos. 1433 of 1985 filed by the State of Punjab against different landowners, as the award, subject matter of latter set of three R.F.As. was based on the award subject-matter of R.F.A. No. 243 of 1985.

(2.) In brief, the facts are that in pursuance of notification published under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), on 16/17th March, 1982, land measuring 90 Kanals 6 Marlas, situated within the urban limits of Batala town was sought to be acquired by the Punjab Government for the construction of Civil Hospital at Batala. Declaration under section 6 of the Act was issued on 13th/15th September, 1982. the Land Acquisition Collector awarded compensation of the acquired land vide his award dated 30th May, 1983 at the rate of Rs. 86,300/- per acre. Being dissatisfied with the adequacy of the compensation of their acquired land, these claimants successfully sought reference under Section 18 of the Act of the Court of District Judge, Gurdaspur. The learned District Judge, Gurdaspur, on the reference of Kirpal Singh and others, subject matter of R.F.A. No. 243 of 1985, vide his award dated 4th December, 1984, enhanced the compensation of the acquired land to Rs. 2,000/- per Marla, besides awarding 15% solatium and interest at the rate of 6% per annum. On the references of Gurdial Singh and others, the learned District Judge passed similar awards on the same day, on the basis of the award in the reference of Kirpal Singh and others.

(3.) The State of Punjab being aggrieved against the above referred order of the District Judge enhancing the compensation of the acquired land, has come up in the above referred appeals. Only Dhana Dass and Virsa Singh have filed cross objections in R.F.A. No. 243 of 1985.