UNION OF INDIA Vs. PRATAP KAUR DEAD
LAWS(SC)-1995-1-31
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on January 27,1995

UNION OF INDIA Appellant
VERSUS
Smt. Pratap Kaur (Dead) Through Lr.S And Another, Etc. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The appeals by special leave arise from the judgment and order dated 14/5/1995 and 20/11/1992 of the High court of Punjab and Haryana made in review Application No. 20 CII of 1993 and CM No. 2262 of 1993 and CR no. 3019 of 1992 respectively.
(3.) The notification under Section 4 (1 of the Land Acquisition Act, 1894, for short the Act, was published initially on 31/3/1981 acquiring a large extent of land in Gobindpura and other places for extension of military cantonment at Bhatinda. In the determination of compensation, the Division bench of the High court in LPA No. 1349 of 1989 and batch ultimately held that: "Consequently we venture to make the modification in the order of the learned Single Judge to the effect that the land falling within a depth of 500 metres on either side of Bhatinda-Bibiwala Road shall also be assessed at the rate of Rs. 90,000. 00 per acre as its market value. . "that order appears to have become final. Subsequently the respondents filed an application before the Additional District Judge in Civil Miscellaneous no. 75 of 10/8/1991 for demarcation and award of compensation to the 500 metres as ordered by the High court. By order dated 16/12/1991 the additional District Judge held that: "From the evidence discussed above, it is crystal clear that the land measuring 70 kanals 13 marlas belonging to Naib Singh etc. , land measuring 141 kanals 1 maria belonging to Gurdial Singh etc. , land measuring 30 kanals 3 marlas belonging to Partap Kaur etc. , land measuring 40 kanals 10 marlas belonging to Bhagwan Kaur etc. , land measuring 48 kanals belonging to Gurdial Kaur etc. , and land measuring 3 kanals i. e. 1/12 share of 35 kanals 9 marlas belonging to Sadhy Singh are within 500 metres from Bathinda-Bibiwala Road. I may add here that the evidence of the applicants remained unchanged despite opportunities given to the UOI. On the other hand, the officials of the department concerned have appeared in the witness box as AW 1, AW 2 and AW 5 to support the case of the claimants. Even otherwise from the interpretation of judgment Ex. A-3 it clearly goes to show that the land which falls within the depth of 500 metres from either side of Bathinda-Bibiwala road, should be assessed at rate of Rs. 90,000. 00 per acre. The land of the applicants adjoins the land which as per evidence on record, was assessed at the rate of Rs. 90,000. 00 per acre. I, therefore, accepting the applications, direct the Naib Tehsildar (MLA) Bhatinda to prepare the amended memo of costs in respect of the abovesaid land of the applicants at the rate of Rs. 90,000. 00 per acre. The parties are left to bear their own costs. "calling in question the above order the appellants filed revision in the High court. The High court dismissed the revision in limine. Thereafter the review petitions also stood dismissed. Thus these appeals by special leave.;


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