GARJA Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-11-477
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 05,2012

GARJA; HARPAL SINGH; LABH SINGH AND ORS Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) All the appeals are connected and relate to compensation of property through a notification issued under Section 4 of the Land Acquisition Act, on 07.5.1991. The properties acquired formed part of a single block of lands in three villages Hamjheri (12 Acres, 0 Kanal and 04 Marlas), Haryaoo Khurd (123 Acres, 07 Kanals and 06 Marlas) and Deogarh (15 Acres, 03 Kanals and 16 Marlas). The acquisition was for the purpose of construction of a Co-operative Sugar Mill, Patran, proximate to the property already held by the Cooperative Sugar Mill.
(2.) The Land Acquisition Collector had awarded Rs.50,000/- per acre for Chahi land for all the three villages and also awarded compensation for tubewells. On a reference to the District Judge, Patiala, for enhancement of compensation, the references have been declined holding that the award of compensation made by the learned Collector was itself fair and adequate.
(3.) The learned counsel appearing on behalf of the appellants referred to the documents, which has been relied upon for compensation before the reference court. There were three types of transactions on which the land owners relied on :- (i) Private sales of properties, (ii) Intra departmental communications between government officials for recommending prices for acquisition of property for Telecom Department and for grain market; and (iii) Award for acquisition of land determining compensation for a property that has acquired through a notification on 19.5.1992. The State on its own had also relied on transactions of sales Ex. R-4 to R-10. ;


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