BALBIR KAUR Vs. COLLECTOR LAND ACQUISITION COLONISATION DEPARTMENT
LAWS(P&H)-1994-3-40
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 04,1994

BALBIR KAUR Appellant
VERSUS
COLLECTOR LAND ACQUISITION COLONISATION DEPARTMENT Respondents

JUDGEMENT

A.L.BAHRI, J. - (1.) VIDE this order two cross regular first appeals (RFA No. 687 & 975 of 1988) are being disposed. R. F. A. No. 687 of 1988 has been filed by Balbir Kaur and others claimants whose land was acquired, against order of Additional District Judge, Faridkot, whereby compensation for the acquired land was fixed at the rate of Rs. 1,01,000/- per acre and for super-structures existing on the land of the appellants at Rs. 20,000/ -.
(2.) R . F. A. No. 975 of 1988 has been filed by State of Punjab against the aforesaid Award. Land measuring 115 Acres 5 Kanals, 14 Marias situated in village Kotkapura, District Faridkot was acquired for setting up a new Mandi Township, vide notification issued Under Section 4 of the Land Acquisition Act, dated May 5, 1982. Compensation fixed by the Collector for the land as well as the super-structure issued thereon was not acceptable to the claimants that they filed application Under Section 10 of the Land Acquisition Act (hereinafter called 'the Act') which was finally tried and decided by the Additional District Judge, Faridkot. Vide aforesaid order dated January 28, 1988 compensation at the rate of Rs. 1,01,000/- was allowed and for the superstructure a sum of Rs. 20,000/ -. They were also allowed solatium and interest as per the Act as amended in 1984.
(3.) EARLIER several Regular First Appeals involving the land acquired were disposed of in R. F. A. No. 466 of 1988 (Jai Kaur and Ors. v. State of Punjab), decided on April 9, 1990. It was held therein that the claimants were entitled to compensation for the land acquired at the rate of Rs. 37/- per square yard. In detail evidence was discussed with regard to evaluating compensation for the super-structures. The evidence produced by the State of Punjab including statement of Sham Kumar Sharma, who had prepared the estimates, was discarded and the estimates prepared by Dhanna Singh with regard to the super-structures were accepted.;


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