JUDGEMENT
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(1.) All the cases relate to a claim for enhancement of
compensation for acquisition of land under the Land Acquisition
Act. The acquisition had been for the purpose of laying down a
railway industrial siding. The total extent of land that was acquired
through a notification issued under Section 4 (1) issued on
26.10.1983 was an extent of 79 kanals 17 marlas of land in Village
Dalla, Tehsil Dasuya, District Hoshiarpur. The Land Acquisition
Collector assessed the compensation at ' 705/- per marla by award
dated 29.10.1985. An area measuring 39 kanals of land was claimed
by Dr. Sohan Lal and Parshotam Lal. Both Sohan Lal and
Parshotam Lal died and the respective legal representatives had been
prosecuting the case.
(2.) RFA No.1777 of 1989 is a claim for enhancement by the
legal representatives of Parshotam Lal. RFA No.2002 of 1989 is the
appeal filed by the legal representatives of Sohan Lal. Another
extent of land measuring 32 kanals 17 marlas was owned by Jagjit
Lal and the legal representatives of Jagjit Lal are the appellants in
RFA No.2003 of 1989.
(3.) It is not in dispute that the entire extent of land fell
within the municipal limit. They formed part of one single block.
The claimants relied upon three instances of sales whose value of
the property dealt with averaged at ' 2,514/- per marla. The
Collector, however, found that these instances were in respect of
small pieces of land relating to abadi and, therefore, could not be
taken into consideration. The Collector, however, recognized the
immense potentiality of the lands to be used for residential and
commercial purposes, having particular regard to the fact that all the
lands were situate within the municipal limits. The sale deeds
which had the subject of consideration were tabulated by the
Reference Court as under:-
Ext. Date of sale Khasra No. Area Sale consideration Rate per marla
P3 30.5.85 105/2/2 0-12M 30,000/- 2500/-
P4 23.6.83 25/16/1 0-13 45,000/- 3461/-
P5 8.9.1983 14/14/1 0-10 25,000/- 2500/-
P6 20.10.83 133 0-12 18,000/- 15,000/-;
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