- (1.) This Regular Second Appeal is directed against judgment and decree dated 30.03.1987 passed by the Court of learned Additional District Judge, Bhatinda whereby appeal filed against the judgment and decree dated 27.03.1985 passed by the learned Additional Senior Sub Judge, Bhatinda were affirmed and appeal was dismissed. For convenience sake, hereinafter, reference to the parties is being made as per their status in the Civil Suit.
(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that originally plaintiffs Smt. Satwant Kaur and Iqbal Singh filed suit for declaration to the effect that they are entitled to receive compensation of land measuring 42 kanals 8 marlas situated in village Bhucho Khurd, Tehsil and District Bathinda, which was acquired by the Union of India for cantonment at Bathinda vide notification under Section 6 of Land Acquisition Act dated 04.10.1980 published in the Punjab Government Gazette dated 26.10.1979.
(3.) As per the plaintiffs, land measuring 33 kanals 12 marlas belonging to Satwant Kaur plaintiff was declared surplus vide order dated 20.04.1978. Land measuring 42 kanals 8 marlas was notified for acquisition vide notification dated 04.10.1979 and published on 26.10.1979. Subsequently, Special Land Acquisition Collector, Jalandhar pronounced award regarding the same land on 30.03.1981. The possession of the land was taken by the Union of India in July, 1981. The amount of compensation fixed by defendant No.2 i.e. the Special Land Acquisition Collector was neither announced in the presence of the plaintiffs nor offered for payment to the plaintiffs and is lying with defendant No.2.;