BUTA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this order, we propose to dispose of Letters Patent Appeals Nos. 224, 225, 242, 243, 424, 426 to 444, 460 to 476 and 1838, all of 1989 and 1224 to 1242, 1262 to 1264, 1291, 1316, 1348, 1349, 1370, 1431 to 1448, all of 1988 as well.

(2.) THE claimants as well as the Union of India have preferred appeals against the decision of learned Single Judge, dated August 29. 1988. The kerned Single Judge relying on Zora Singh v. Union of India at d another, 1987 L. A. C. C. 541. and accepting it to be relating to similar land has determined the market value of the land in the following manner; (i) Land falling within a depth of 500 metres on either side of the Bhatinda Barnala Road. . . . Rs. 70,000/- per acre. (ii) Land not falling within the above block (a) Chahi/nehri. . . Rs. 40,000/- per acre. (b) Barani. . . Rs. 30,000/- per acre, (c) Banjar Qadim. . . Rs. 18. 000/-per acre. Benefit of Sections 24 (I A, 23 (2) and 28 of the Act as these stand after their amendment were also granted.

(3.) THE learned counsel for the parties agree that so far as the market value of the land with respect to Chahi, Nehri. Barani and Banjar Qudim type of land is concerned, same is coveted by a decision in Letters Patent Appeal No. 1251 of 1 1987 (Zora Singh v. Union of India and Anr. , 1987 L. A. C. C. 541.-decided on January 30, 1989), wherein the judgment of learned Single Beach in Zora Singh's case (supra) was modified and market value of the land was found to be as under: (i) For the land within the abadi and abutting the National Highway on either side upto the depth of 500 metres. . . @ Rs. 90,000/- per acre. (ii) For Chahi/nehri, or Chahi, Nehri land. . . @ Rs. 50,000/- per acre. (iii) For Barani land. . . @ Rs. 38,000/ per acre. (iv) For Banjar Kadim or Gair Mumkin land. . . @ Rs. 30,000/ per acre. Otherwise also, on merits nothing has been pointed out worth noticing either by the counsel for the clamaimants or for the respondent-Union of India to take a different view than the one taken by the learned Single Judge with respect to similarity of the land under consideration in Zora Singh's c use (supra) and the land under dispute. No error in assessing the market value in terms of Division Bench judgment in case of Zora Singh had been pointed out. We do not find anything which can be substantially or gainfully added to it.