NAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Regular First Appeal Nos. 136 and 137 of 1967.

(2.) The appellants in Regular First Appeal No. 136 of 1967 are Nand Singh, Kishan Singh and Rattan Singh, sons of Partap Singh, resident of village Kanthala. Out of those appellants, Nand Singh and Kishan Singh are dead and are represented by their legal representatives. In the Regular First Appeal No. 137 of 1967, the appellant was Rulia son of Tula, who died during the pendency of the appeal and his legal representatives have been impleaded and are prosecuting the appeal. In regular First Appeal No. 136 of 1967, land measuring 10 bighas 14 biswas of the village Kanthala was acquired and in Regular First Appeal No. 137 of 1967 the land measuring 81 bighas 11 biswas in village Kanthala was acquired. The notification under Section 4 was published on 18th January, 1964. The claimants demanded compensation at the rate of Rs. 4337/- per bigha for Chahi land and Rs. 2602/- per bigha for barani land. The Land Acquisition Collector by his award dated 31st March, 1964 and supplementary award dated 11th September, 1964, awarded compensation for the chahi land at the rate of Rs. 2337/- per acre, barani land Rs. 1402/- per acre and ghair mumkin land at Rs. 50/- per acre. The appellants being dissatisfied with the award of the Collector claimed a reference under Section 18 of the Land Acquisition Act. This reference was heard by the Additional District Judge, Ambala, and the learned Judge, in the matter of compensation, affirmed the award of the Collector. The claimants being dissatisfied have come up in appeal to this Court. Our order will dispose of both the appeals.

(3.) The land which is acquired is adjacent to the constructed town of Chandigarh and, therefore, there is a fundamental error in assessing its value as purely agricultural land. By the date of the notification the potentiality for building purposes of the land in dispute had increased. The true principle in awarding compensation is laid down by their Lordships of the Supreme Court in Ebrahim Akbaralli and others v. The District Deputy Collector, Pandharpur Division, District Sholapur, 1969 2 SCWR 635, wherein their Lordships observed as follows :-