SURYA KANT, J. - (1.) ALLOWED , as prayed for. On the joint request made by learned counsel for the parties, the main petition is taken up for hearing.
(2.) THE short grievance of the petitioners in the instant petition is that while acquiring Khasra No.70, H.B. No.413, in the revenue estate of Village Phagli Tika Kangwan, Tehsil Dhar Kalan, District Gurdaspur, for the purpose of reservoir area of Ranjit Sagar Dam, in respect of which, the award was passed on 26.11.1997, no compensation has been assessed or paid to them for their residential houses/structures constructed over there. The petitioners rely upon the report dated 01.04.1997 (Annexure P -4), which categorically states that the structures have been raised on Khasra No.70 -M. There is no denial to the fact that no compensation was assessed or paid to the petitioners for the residential houses/structures. Respondents No.1 to 3 have filed their written statement and have come with a plea that on checking the records ''the petitioner's structures have been found beyond the land/acquired/periphery line EL - 531 metre and other 5 Nos. structures found already in acquired land.... '' It, thus emerges out that the only issue which requires determination is whether the structures raised by the petitioners are on the acquired land bearing Khasra No.70 or beyond that?
(3.) WE are of the considered view that the above said question of fact can be effectively answered by re -demarcating the acquired area by a team of revenue officials in association with and in the presence of the petitioners. Needless to say that if any structure is found existing on the acquired land, it is imperative upon the respondents to assess the market value and pay compensation accordingly. However, if such structures fall outside the acquired land or the periphery area, the same shall continue to remain with the petitioners and they may enjoy their property in accordance with law.;