- (1.) In the present appeal, the appellants have challenged the order dated 03.09.2003 passed by the High Court of Punjab and Haryana at Chandigarh by which the plea taken by the appellants that there was no justification to equate the land classified as 'Abhi' with that of land classified as 'Nehri' and 'Chahi' for the purposes awarding compensation under the Land Acquisition Act, 1894 was rejected.
(2.) We have heard Ms. Uttara Babbar, learned counsel appearing on behalf of the appellants and Mr. Neeraj Jain, learned Senior counsel appearing on behalf of the respondents and have perused the judgment and order dated 03.09.2003. From the judgment we find that it is not in dispute that under the Punjab Settlement Manual Fourth edition para 259, these are different classes of land as under:- "a) Barani-dependent on rainfall. b) Sailab-flooded or kept permanently moists by rivers. c) Abhi-watered by lift from tanks, jhils, or streams. This term is also applicable to land watered from springs. d) Nahri-irrigated from canals. Whereas Government canal and small private canals. Exists in the same district the land served by the former is sometimes distinguished as Shahinah-ri. e) Chahi watered from wells. The term is sometimes sketched so as to include irrigation from Jhalara erected on the bank of a stream. It is better to describe land dependent on jhalars as jhalari or Abhi. The first two classes fall under the general head of unirrigated and the last three under that of irrigated land."
(3.) Thus, under the Manual itself, 'Abhi' land, 'Nehri' land and 'Chahi' land are treated as irrigated lands. The compensation awarded for 'Nehri' land and 'Chahi' land, which are treated as irrigated, will be also applicable to 'Abhi' land which itself is treated as irrigated land under the Manual.;