JIWAN SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) On 30.5.1978, the State of Punjab issued a notification under Section 4 of the Land Acquisition Act, 1894. The Land measuring 40 kanals 15 marlas situated in village Alamgir, Tehsil and District Kapurthala was sought to be acquired for the Punjab State Electricity Board. The Land Acquisition Collector fixed the market value of the acquired land at Rs. 12,000/- per acre. The landowners sought a reference under Section 18 of the Act. The Additional District Judge, Kapurthala vide his award dated 31.3.1982 enhanced the market value of the land to Rs. 20,000/- per acre. Not satisfied with the award, the landowners approached this Court. The learned Single Judge fixed the market value at Rs. 60,000/- per acre. The landowners are still not satisfied. They have filed these two Letters Patent Appeals Nos. 2229 of 1989 and 818 of 1994.

(2.) Learned counsel for the parties have been heard. The short question is what was the market value of the land on 30.5.1978

(3.) On the basis of the evidence, the learned Additional District Judge had fixed the value at Rs. 20,000/- per acre. The learned Single Judge has however chosen to rely upon the sale instance contained in Exhibit A.2, a sale deed which was executed more than three months after the issue of the notification under Section 4 of the Land Acquisition Act, 1894 on 7.9.1978. It was in respect of a small piece of land measuring only 2 kanals. On the basis of this transaction, the learned Judge has fixed the value of Rs. 60,000/- per acre.