HARNAM KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Land measuring 579, 1125 acres situated in the revenue estate of village Bhagu, Tehsil and District Bathinda was acquired under the provisions of the Land Acquisition Act (for short "the Act"), for the establishment of cantonment for the Central Government. Notification under Section 4 of the Act was issued on 9.10.1974. It was followed by a declaration dated 10.10.1974, under Section 6 of the Act. The Land Acquisition Collector gave his award on 11.6.1975 and assessed the value of the land as under- <TAB> 1. Nehri Chahi and Chahi Rs. 9,000/- per acre 2. Chahi Master Rs. 7,800/- per acre 3. Barani Rs. 6,500/- per acre 4. Banjar/Gairmumkin Rs. 3,840/- per acre </TAB>

(2.) Landowners felt aggrieved by the award of the Land Acquisition Collector. They consequently sought references under Section 18 of the Act which were assigned to Additional District Judge, Bathinda. Reference Court by its award dated 16.12.1986 came to the conclusion that the market value of the acquired land at the time of notification under Section 4 of the Act was under:- <TAB> 1. Nehri Chahi Master & Chahi : Rs. 20,000/- per acre 2. Barani : Rs. 16,750/- per acre 3. Banjar and Gairmumkin : Rs. 8,375/- per acre. </TAB>

(3.) Learned Additional District Judge, however, on a consideration of the matter came to the conclusion that the reference applications were not within time. He consequently dismissed the reference applications with costs. Some of the landowners preferred appeals against the order of the Reference Court. One of such appeals was R.F.A. No. 1046 of 1987, Hamir Singh v. Union of India, decided on 4.10.1988. it was held in that R.F.A. that the reference application under Section 18 of the Act was within time. It also deserves to be noticed at this stage that the land involved in Hamir Singh's case was also acquired by the same notification and for the same purpose.