BHAG SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeals are directed against orders dtd. 2/8/2010 and 21/12/2010 passed by the High Court of Punjab and Haryana at Chandigarh whereby the appeals of the land owners and that of the Union were dismissed, maintaining the compensation of Rs.4.00 lakhs per acre awarded by the learned Additional District Judge, Rupnagar in reference under Sec. 18 of the Land Acquisition Act, 1894[For short, the 'Act'].

(2.) The notification dtd. 26/10/1990 was published intending to acquire 32 acres 6 kanal and 3 marlas of land in Village Sohana and 90 acres 7 kanal and 18 marlas of land in Village Lakhnaur. The said notification was followed by a notification dtd. 6/11/1991 issued under Sec. 6 of the Act. The Land Acquisition Collector awarded compensation of Rs.1,75,000.00 per acre. Aggrieved by the market value determined by the Land Acquisition Collector, the land owners sought reference under Sec. 18 of the Act. The Reference Court awarded compensation of Rs.4.00 lakhs per acre apart from the compensation for super-structures. The said award of the amount of compensation was based upon a judgment dtd. 11/10/2002 (Ex.P/13) by the Reference Court pertaining to the same notification in respect of land situated in Village Lakhnaur.

(3.) Mr. Rameshwar Singh Malik, learned senior counsel appearing for the land owners in Civil Appeal Nos. 4076-4082 of 2012 and Civil Appeal Nos. 4083-4084 of 2012 argued that in respect of land acquired vide subsequent notification dtd. 25/7/1991 for the land situated in Village Sohana, the Reference Court had awarded a compensation of Rs.5,96,000.00 and in respect of another notification dtd. 11/11/1993, in respect of land situated in Village Sohana, the Reference Court has awarded Rs.6,96,000.00 per acre. It was further contended that in terms of acquisition of land vide notification dtd. 27/9/1988 of Village Kambali, Rs.5,96,000.00 per acre was awarded as compensation by the Reference Court which was affirmed by the High Court in first appeal. The present acquisition is more than 2 years later, therefore, the land owners are entitled to compensation on the basis of the amount of compensation awarded by the High Court in addition to the increase in prices for the period of 2 years. It was argued that Village Kambali and Village Sohana are adjoining villages, therefore, the market value determined in respect of Village Kambali is a reasonable yardstick for determination of the compensation in respect of land situated in Village Sohana.