JUDGEMENT
V.K. Bali, J. -
(1.) WE propose to dispose of Letters Patent Appeal filed under Clause X of Letters Patent bearing Nos. 518 of 1986 to 528 of 1986 and 656 of 1986 by a common order, as all these appeals emanate from the same order rendered by the learned Single Judge dated 11th April, 1986 as also for the reason that some questions of law and fact are involved in all these appeals.
(2.) BRIEF facts giving rise to these appeals reveals that Government of Punjab issued notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as the 'Act') on 19th March, 1981 intending to acquire land for public purposes, namely, for construction of Bholbaha Dam Reservoir. Follow up declaration under Section 6 of the Act came to be issued on 24th March, 1991. The Land Acquisition Collector, vide his award dated 25th February, 1982, assessed the market value of different kinds of land as under: -
Class of land Rate awarded per marla Cho, Abi, Abadi, School, Adda and Minor Rs.24/ - Barani, Sarak Rasta & Chahi Rs.16/ - Bagh Barani Rs.32/ - Banjar Jadid Rs.12/ - Khad, Pahar, Banjar Qadim & Mandir Rs.8/ -
Being dissatisfied of inadequate compensation assessed by the Land Acquisition Collector, the claimants (hereinafter to be referred as the 'respondents') moved petitions under Section 18 of the Act pleading therein that the acquired land was near the Dholbaha Abadi and in the vicinity of the same there were School, Forest Rest House and Shopping Centre. Trees were grown on the acquired land which was the source of income of the respondents. They claimed that Rs. 6,000/ - per marla should have been assessed as market value of their land at the time when notification under section 4 of the Act was issued.
(3.) THE claim of the respondents was contested by the State. Pleadings of the parties gave rise to the following issues: -
1) Whether the compensation awarded to the claimant is inadequate? OPA
2) If issue No. 1 is proved, what is the reasonable compensation due to the claimant? OPA
3) Relief.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.