N.C JAIN, J. - (1.) THIS judgment of mine would dispose of R. F. A. Nos. 1378 to 1398, 1527, 1529 to 1533, 1535 to 1541, 2132 to 2137, 2139 to 2142, 2144 to 2156, 2158, 2165, 2171, 2173, 2178 to 2181, 2184 to 2190. 2193, 2194 and 21% of 1989 filed by the Union of India as they arise out of a common Award. The facts of the case lie in a very narrow compass and may, thus, be noticed.
(2.) THE Union of India by issuance of notification dated 11. 7. 1977 Under Section 4 of the Land Acquisition Act (hereinafter to be referred as 'the Act') sought to acquire a large tract of land measuring 11513 Kanals in village Kathanian Hadbast No. 356 in District Amritsar. The Land Acquisition Collector by his Award dated 20. 5. 19-82 assessed by the compensation of the acquired land at the following rates: Chahi/nehri Rs. 18150/-per acre Barani Rs. 12000/- " " Banjar Qadim Rs. 6000/- " " Gair Mumkin Rs. 5000/- " " 2 The landowners did not feel satisfied and sought references under Section 18 of the Act. The Additional District Judge by his Award under challenge has determined the market value of th e entire acquired land at the rate of Rs. 18150/- per acre at a flat rate. The Additional District Judge while granting compensation at a flat rate has relied upon a decision Exh. A. 51 of this Court pertaining to the acquisition of land of adjacent village Hamidpura. This Court in Exh. A. 51 determined the market value of the acquired land in village Hamidpura pertaining to the notification dated l1th July, 1977 i. e. of the same date on which notification has been issued in the present cases. In view thereof, there is nothing wrong with the view taken by the Additional District Judge that the claimants are entitled to the grant of compensation at a flat rate. 3. At this stage, Mr. S. K. Pipat, Sr. Standing Counsel for the Union for India has brought to my notice that in the case of acquisition of land of village Hamidpur, this Court has granted compensation at the rate of Rs. 15500/- per acre and not at the rate of Rs. 18150/- per acre and, therefore, this Court should follow the Award Exh. A. 51 in letter and spirit. The argument has not impressed me. The Land Acquisition Collector has assessed the market value of the acquired land of Chahi nature at the rate of Rs. 18150/- per acre and, therefore, Section 25 of the Act is an obstacle in the way of the counsel for the Union of India and the Court would not grant any compensation less than the one which has been granted by the Collector. Moreover, the Union of India has not deposited even the publication charges for effecting substituted service which was ordered by this Court on an earlier occasion. 4. For the reasons recorded above, the appeal are ordered to be dismissed. Since the respondents have not been served and they are not represented by counsel, there shall be no order as to costs.;