RFA No. 4476 of 2001 (O&M) (1) In the High Court of Punjab & Haryana at Chandigarh Date of decision: 8.5.2009 1. RFA No. 4476 of 2001 (O&M) Inderjit Singh and others ..... Appellants vs The Land Acquisition Collector, Jalandhar and another ..... Respondent 2. RFA No. 104 of 2003 (O&M) Parsan Singh ..... Appellant vs Land Acquisition Collector, Punjab and others ..... Respondents 3. RFA No. 105 of 2003 (O&M) Kashmir Singh ..... Appellant vs Land Acquisition Collector, Punjab and others ..... Respondents 4. RFA No. 106 of 2003 (O&M) Ajit Singh and others ..... Appellants vs Land Acquisition Collector, Punjab and others ..... Respondents 5. RFA No. 107 of 2003 (O&M) Lakhbir Singh ..... Appellant vs Land Acquisition Collector, Jalandhar and others ..... Respondents 6. RFA No. 108 of 2003 (O&M) Piara Singh ..... Appellant vs Land Acquisition Collector, Jalandhar and others ..... Respondents 7. RFA No. 109 of 2003 (O&M) Harmeet Singh ..... Appellant vs Land Acquisition Collector, Punjab and others ..... Respondents 8. RFA No. 110 of 2003 (O&M) Bhagwant Singh and others ..... Appellants vs Land Acquisition Collector, Punjab and others ..... Respondents RFA No. 4476 of 2001 (O&M) (2) Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D. S. Pheruman and Mr. Premjit Kalia, Advocates, for the appellants. Mr. Vivek Chauhan, Assistant Advocate General, Punjab. Rajesh Bindal J. This order shall dispose of above mentioned eight appeals, as common questions of law and facts are involved. The facts have been noticed from RFA No. 4476 of 2001. The landowners have filed the present appeals before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that State of Punjab, vide notification dated 9.11.1992 issued under Section 4 of the Act, acquired land of Villages Alampur, Khadoor Sahib, Khawaspur, Fatehabad, Bhindian, Hansanwala, Goindwal, Akbarpur and Jhander Mahan Purkhan, Tehsil Tarn Taran, District Amritsar, for laying of a new BG Railway Line from Beas to Goindwal Sahib. The Land Acquisition Collector assessed the market value of the acquired land @ Rs. 65,000/- per acre for chahi, Rs. 42,500/- per acre for barani, Rs. 21,000/- per acre for banjar kadim and Rs. 11,000/- per acre for gair mumkin kind of land. The landowners feeling dissatisfied with the amount of compensation awarded by the Collector, filed objections, which were referred to the learned Reference Court, who keeping in view the material placed on record by the parties, upheld the award of the Collector. It is this award which is impugned in the present set of appeals. Learned counsel for the appellants submitted that it is an unfortunate case which was not dealt with properly at the trial stage. The appellants/ landowners are rustic villagers who were not aware of the technicalities and under the belief that the landowners in the main case will lead evidence, no evidence could be produced, as a result of which, the award of the Collector which was ranging from Rs. 11,000/- to Rs. 65,000/- per acre even though the acquisition was carried out on 9.11.1992, was upheld. The submission is that the impugned award be set aside and the RFA No. 4476 of 2001 (O&M) (3) matter be remitted back to the learned Reference court and the landowners be granted opportunity to lead evidence so that they can get reasonable amount of compensation for the land which was acquired for laying down Railway Line. On the other hand, learned State counsel submitted that the contention raised by the learned counsel for the appellants is totally misconceived. In fact, it is a case of no evidence. A perusal of the impugned award shows that number of opportunities were granted to the landowners for leading evidence but on their failure to lead any evidence, the court below did not have any option but to decide the case finally. No fault as such can be pointed out in the impugned award. Heard learned counsel for the parties and perused the paper- book. No doubt, it is a case where the landowners have failed to lead any evidence but still considering the amount of compensation awarded by the Collector for the land which was acquired in November 1992 which is forming part of Tarn Taran area and also considering the fact that the landowners, who were deprived of their land, should be paid reasonable compensation and that it is a welfare State, no prejudice as such is going to be caused to the respondents, as even if the provisions of the Land Acquisition Act also envisages for payment of just and fair compensation for the acquisition of land, in case opportunity is granted to the landowners to lead the evidence so as to enable the court to determine the fair value of the land. Accordingly, the impugned award is set aside and the matter is remitted back to the learned District Judge, Amritsar for fresh consideration. Both the parties would be afforded two opportunities each to lead their evidence. The parties through their counsels are directed to appear before the learned District Judge, Amritsar, on 12.6.2009. The learned District Judge may either keep the references with himself or may entrust the same to any other Additional District Judge. The appeals are disposed of in the above terms. 8.5.2009 ( Rajesh Bindal) vs. Judge