RAJ KUMAR Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) THIS judgment will dispose of R. F. A. Nos. 710, 755, 756, 757, 607 and 779 of 1981, as these arise out of the same award of the learned Additional District Judge, Jullundur and rest upon the same evidence.

(2.) IN brief, the relevant facts are that in pursuance of the notification published on 20th February, 1976, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the Punjab Government (Industries Department) sought to acquire 114. 33 Acres of land in the revenue estate of the Jullundur for setting up an Industrial Focal Point at Jullundur. The Land Acquisition Collector vice his award dated 19th November, 1970, awarded compensation of the acquired land by taking into consideration its location vis-a-vis the metalled road as under :1. First belt (land abutting on G. T. Road Bye-pass upto the depth of 21 Karams ). . . Rs. 120/- per marla. 2. Und belt (land abutting on both sides of Randhawa Masanda Link Road upto the depth of 21 Karams ). . . Rs. 165/- -do3. Chahi, Nehri, G. M Chah, Tube-well and G. M. Abadi. . . Rs. 150/- -do4. Bar. ni. . . Rs. 105/- -do5. Gair Mumkin Rasta. . . Rs. 90/- - do The compensation of the super-structure in existence or of the trees etc. growing on this land was not assessed as by then the evaluation reports of different Authorities in this regard were not received. Being dissatisfied with the adequacy of the compensation awarded by the learned Collector, the landowners claimants successfully sought reference under Section 18 of the Act to the Court of the District Judge, Jullundur. Shri M S. Luni, the then Additional District Judge Juliundur vide his impugned award dated 27th January, 198. 1, maintained the compensation of the acquired land as awarded by the Land Acquisition Collector on the ground that after the coming into force the Urban Land (Ceiling and Regulation) Act, 1976, with effect from 17th February. 1970, the acquired land cannot be used for purposes other than agriculture. He, however, awarded compensation to the tune of Rs. 2000/-each on account of jseverence of their land holdings to Balbir Raj, Amar Singh, Ajit Singh and Kalyan Dass Claimants. Still dissatisfied with the adequacy of the compensation, the claimants have come up in these appeals

(3.) THE appellants were allowed to produce certified copy (Exhibit AAI) of the award of Shri B S Teji, learned Additional District Judge, Julludur, in M/s Steel Products (India) v. State of Punjab and Anr. , dated 16th February, I9 82, by Way of Additional evidence, as according to both the parties it had attained finality being cot challenged by any party and related to a portion of the same land acquired vide same notification and for the same purpose as the land of the present appellants.