Rameshwar Singh Malik, J. - (1.) These nine Regular First Appeals bearing Nos. 817, 818 and 819 of 1995 filed by the State of Punjab, R.F.A. Nos. 347, 348 and 349 of 1996 filed by land owners and another set of R.F.A. Nos. 951, 1091 and 2257 of 1997 filed by land owners, are being decided together vide this common order, as all the appeals are arising out of the same acquisition, raising identical questions of law and facts. However, for the facility of reference, facts are being culled out from R.F.A. No. 817 of 1995 (State of Punjab and others Vs. Sushil Kumar).
(2.) Briefly put, necessary facts relevant for disposal of this batch of appeals, are that State of Punjab sought to acquire the land from the revenue estates of more than one villages including the villages Chak Dhabwala, Tahli Wala and Singhpura, Tehsil Fazilka, District Ferozepur, for public purpose namely construction of Khui Khera link drain from RD 38220 to 86000. Accordingly, notification under Sec. 4 of the Land Acquisition Act, 1894 ('Act' for short) dated 26.06.1980 was issued, which was followed by notification under Sec. 6 of the Act issued on 11.09.1980. These dates of both these notifications under Ss. 4 & 6 of the Act were verified to be correct by learned counsel for the parties, because in the impugned award passed by the learned reference Court, these dates were wrongly typed. Collector, vide his award No. 202 dated 19.03.1985 for village Singhpura, assessed the market value of the acquired land at the rate of Rs. 4,380/ - per acre for Nehri land, Rs. 3,280/ - per acre for Barani land and Rs. 2,500/ - per acre for Banjar Kadeem land.
(3.) Dissatisfied, land owners filed their objections under Sec. 18 of the Act and accordingly, two sets of cases, having three references each, were referred to the learned reference Court. Parties led their respective evidence. One set of cases bearing land reference Nos. 31, 48 and 49 of 1992 were decided together by the leaned reference Court vide its award dated 16.11.1994. These three references were allowed and the market value of the acquired land was assessed at uniform rate of Rs. 30,000/ - per acre irrespective of category of land. State of Punjab has challenged the impugned award dated 16.11.1994 passed by the learned reference Court in land references Nos. 31, 48 and 49 of 1992 by three Regular First Appeals bearing Nos. 817, 818 and 819 of 1995, seeking reduction in the compensation. Land owners have also challenged this very award and are seeking enhancement in the compensation by way of R.F.A. Nos. 347, 348 and 349 of 1996.;