Regular First Appeal No. 658 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Regular First Appeal No. 658 of 1990 Date of Decision: November 04, 2008 Murti Devi and another .....Appellants vs. State of Punjab and another .....Respondents Coram:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN **** Present: Mr. S.K.Singla, Advocate, for the appellants. Mr.N.S.Pawar, Addl. A. G., Punjab for the respondents. **** RAKESH KUMAR JAIN, J. This order shall dispose of 10 Regular First Appeals No. 658 to 661, 2233 to 2238 of 1990 as common questions of law and facts are involved in these case. The land of village Khera Jattan was acquired with the issuance of notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') on 22.5.1981 at public expense and for public purpose namely, for construction of National Highway ( bye-pass). The Land Acquisition Collector vide his award dated 22-9-1986 for the year 1986-87, determined the compensation @ of Rs. 50/- per square yards. Unsatisfied Regular First Appeal No. 658 of 1990 -2- with the award, objections under Section 18 of the Act were filed wherein an amount of Rs. 1,20,000/- per acre was claimed even if the land is taken to be as agricultural. It was claimed that the acquired land was situated near Patiala city on Patiala-Dakala Road, which is connected by a road. It was also stated that the acquired land has many modern facilities such as electricity, water supply, sewerage, college etc. It was also claimed that the land owners are also entitled to compensation for the standing crops and severance because of their left over land. In reply, the respondent-State of Punjab repudiated the claim of the land owners and alleged that compensation is not only adequate but also in consonance with the prevailing market rate in the locality. After appreciating the evidence on record, the Additional District Judge, Patiala vide his award dated 18.10.1989, assessed the compensation at the rate of Rs. 80,000/- per acre for the acquired land. Sh. S.K.Singla, learned counsel for the land owners/claimants has categorically submitted that the Reference Court has relied upon the judgment of District Judge, Patiala (Exhibit A-2) pertaining to village Sher Majra for the purpose of assessment of the compensation in which the land was acquired on 22.5.1981 for the public purpose namely, for construction of Patiala bye-pass. It is argued that in the present case, notification under Section 4 of the Act is also of the same date i.e. 22.5.1981 and the purpose is also the same i.e. for the construction of Patiala National High Way ( bye -pass). Learned counsel for the appellants has submitted that the award Exhibit A-2 has further been re-considered in this Court in R.F.A. No. 1435 of 1989 titled as Sawran Singh son Lachhman Singh and another vs. State of Punjab. Hon'ble Mr. Justice N.C.Jain vide his judgment dated 25.5.1990, Regular First Appeal No. 658 of 1990 -3- assessed the compensation of the acquired land of village Sher Majra at the rate of Rs. 1,05,000/- per acre. It was, thus, argued that the land owners/claimants in the present case are also entitled to compensation @ of Rs. 1,05,000/- per acre instead of Rs. 80,000/- per acre as determined by the Reference court. Learned counsel appearing for the State of Punjab while opposing the appeals filed by the land owners/claimants and arguing the appeals filed by the State, could not find fault with the arguments raised by the counsel for the land owners/claimants in view of the fact that the award Exhibit A-2, has been further modified by this Court in R.F.A.No. 1435 of 1989 titled as Sawarn Singh son of Lachhman Singh and another vs. State of Punjab, in which compensation has further been enhanced to Rs. 1,05,000/- per acre. No other point has been raised in this appeal before me. In view of the above discussion, the appeals failed by the land owners/claimants are allowed and they are held entitled to compensation @ Rs. 1,05,000/- per acre with costs instead of Rs. 80,000/- per acre awarded by the Reference court and the appeals filed by the State of Punjab, which have been found to be devoid of any merit, are hereby dismissed. It is further ordered that the land owners/claimants shall be entitled to all the statutory benefits as per the amended act. (RAKESH KUMAR JAIN) JUDGE November 04, 2008 paramjit