PREM CHAND Vs. COLLECTOR LAND ACQUISITION COLONIZATION DEPARTMENT

JUDGEMENT

(1.) The Punjab Government on 7.3.1989 issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) intending to acquire, 78 acres of land in village Hazipur, Tehsil Phagwara, District Kapurthala. The acquisition was made for public purpose, namely, setting up of a new mandi township at Phagwara. In furtherance thereto a notification under Section 6 of the Act was issued on 22.10.1979 and the Government took possession of the land in question. Upon hearing the claimants, the Land Acquisition Collector vide his award dated 1.10.1982 awarded the compensation of Rs. 32,000/- per acres i.e. approximately Rs. 154/- per marla to the claimants. The claimants were not satisfied with the amount of compensation awarded to them and they preferred references under Section 18 of the Land Acquisition Act. All the references giving rise to 6 regular first appeals disposed of by the learned Additional District Judge, Kapurthala vide judgment dated 29.7.1989 and enhanced the compensation payable to the claimants to Rs. 200/- per marla, for the lands falling within 50 yards of the main road leading from Phagwara to Hoshiarpur; for the remaining land, the award of the Land Acquisition Collector was maintained. Still being dissatisfied with the judgment of the learned Additional District Judge, the claimants have impugned the judgment before this Court and have prayed for enhancement to the extent of Rs. 5,000/- per marla in their grounds of appeal.

(2.) Exhibits A7 to A24 were the sale instances produced on record by the claimants in addition to leading oral evidence. Ex.A1 to A4 were the site plans which were proved by AW1, Patwari who had prepared them.

(3.) The respondents had produced on record the site plain EX.R1 and copies of sale deeds Ex.R2 to R11. Based upon the above evidence the learned Additional District Judge had granted the afore-stated compensation to the limited class of the claimants. The learned Senior Counsel Mr. Manmohan Sarin, appearing for the claimants, at the very outset, stated that though according to the law and evidence produced on record claim for Rs. 5,000/- per marla of his client was justified but he is not pressing for the said claim and in view of the judgments of this Court and the Hon'ble Supreme Court of India he would restrict his claim for enhancement to the extent of Rs. 1,000/- per marla.