LAWS(P&H)-1999-8-2

SEWA SINGH Vs. STATE OF PUNJAB

Decided On August 20, 1999
SEWA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The appellant-claimants, having met with partial success in enhancement of compensation with regard to the acquired land, both before the District Judge and the learned single Judge, in the present appeals filed by them under Clause X of the Letters Patent, crave further increase in the market value and consequential payment of more compensation.

(2.) In all these appeals bearing Nos. 182 to 205 of 1992 as common questions of law and fact are involved we propose to dispose of these matters by common order.

(3.) Brief facts of the case reveal that the Government, vide notification dated May 22, 1981 issued under S.4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), intended to acquire land in village Sher Majra at public expense for a public purpose, namely for construction of Patiala bye-pass road. Follow-up declaration under S.6 of the Act came to be issued in due course of time. The Land Acquisition Collector, vide his award dated September 22, 1986 determined the market value of the land @ Rs. 50,000/- per acre. The claimants, being not satisfied, made reference under S.18 of the Act and the learned District Judge, vide his judgment dated August 8, 1988, determined the market value of the acquired land @ Rs. 80,000/- per acre. The claimants were also held entitled to other benefits available under the amended provisions of the Act. They were, however, not held entitled to any compensation with regard to severance of their land and super-structure. Having not met with complete success, in tune with the demand made by them in their reference application under S.18 of the Act, the claimants filed Regular First Appeals in this Court and the learned single Judge of this Court, vide judgment dated May 25, 1990 determined the market value of the acquired land @ Rs. 1,05,000/- per acre. The claimants were further held entitled to Rs. 5000/- per acre for severance of their land under clause 'thirdly' of S.23 of the Act, even though on this claim they were not held entitled to other statutory benefits, like, interest etc. In the present appeals, preferred on behalf of the claimants, obviously, prayer is to further enhance the compensation, payable to them and to accordingly modify the judgment rendered by the learned single Judge.