ASHUTOSH MOHUNTA, J. - (1.) THIS judgment shall dispose of 2 appeals i.e. RFA No. 1231 of 1988 filed by the claimant-landowner and RFA No. 1305 of 1988, filed by the State of Punjab as both these appeals arise of the common judgment passed by the District Judge, Patiala.
(2.) THE appellant as well as the State of Punjab have filed the present appeals impugning the judgment dated 19.5.1988, passed by the District Judge, Patiala, by which a compensation of Rs. 10,000/- per acre was awarded to the claimant. Briefly, the facts of the case are that the State of Punjab issued Notification under Section 4 of the Land Acquisition Act on 13.1.1981 by which the land belonging to the claimant situated in village Mehmoodpur, Tehsil Rajpura, District Patiala was acquired for public purpose for construction of a drain emanating from the Bhagna Nadi for draining out excess water. The declaration was issued. Thereafter, the Land Acquisition Collector, awarded a compensation on the basis of quality of land. The claimant filed application under Section 18 for referring his case to the District Judge. On reference the District Judge has awarded a compensation of Rs. 10,000/- per acre.
(3.) THE claimant has claimed compensation at rate of Rs. 50,000/- per acre. In support of his case, the claimant has produced on record sale-deed Ex. P-2 by which land situated in village Mehmoodpur measuring 1 bigha 6 biswas was sold for a sum of Rs. 3,900/- on 10.3.1980, the average price of which comes to Rs. 14,400/-. On the other hand, the State relied on sale-deed Ex. R-1, which pertain to a sale transaction of another village Rajgarh and the price fetched was less than what was awarded by the Collector.;