Rameshwar Singh Malik, J. - (1.) This order proposes to dispose of 12 connected regular first appeals bearing RFA Nos. 1725 to 1732 of 1996, RFA Nos. 1967 and 2212 of 1996 as well as RFA Nos. 226 and 461 of 1997, arising out of same acquisition, raising identical questions of law and fact. However, for the facility of reference, the facts are being culled out from RFA No. 1725 of 1996.
(2.) Briefly put, facts of the case are that State of Punjab sought to acquire the land measuring 7.63 acres situated in the area of village Bhago Majra, Tehsil and District Rupnagar at public expenses for the public purpose, i.e. for construction of Krishan Pura right distributory. Notification under Sec. 4 of the Land Acquisition Act, 1894 ('the Act' for short) was issued on 21.3.1988, which was followed by notification dated 6.4.1988 under Sec. 6 of the Act. The collector vide Award No. 388/R -SYL dated 22.9.1989 awarded Rs. 62,000/ - per acre for Chahi land, Rs. 60,000/ - per acre for Banjar land and Rs. 55,000/ - per acre for Gair Mumkin land. Feeling dissatisfied, land owners -appellants filed their objections under Sec. 18 of the Act and the matter was referred to the learned Reference Court. Parties led their respective evidence. The learned Reference Court vide its award dated 6.1.1995 awarded Rs. 1 lac per acre for Chahi land and Rs. 80,000/ - per acre for Gair Mumkin and Brani land. State of Punjab did not file any appeal. However, feeling aggrieved, the land owners have approached this Court by way of these appeals, for enhancement of compensation for their acquired land.
(3.) Learned counsel for the appellant(s) -land owner(s) submits that Ext. P2 was the sale -deed for 7 marla land, which was sold for Rs. 11,800/ - on 24.6.1986, whereas Ext. P3 dated 29.10.1986 was another sale deed vide which land measuring 20K -10M was sold for Rs. 2.78 lacs. Both these sale -deeds were pertaining to the land of village Bhago Majra itself. He also refers to Exhibits R -1 and R -2 and contends that both these sale deeds were pertaining to the land of village Chatoli, i.e. another village and because of this reason none of these sale -deeds could have been made the basis, for assessing the market value of the acquired land from the revenue estate of village Bhago Majra. He refers to other evidence led by the claimants -land owners in the form of site plan Ext. P4 for the purpose of showing the potential of the acquired land. He also refers to the statements of Surender Singh (AW -1) and Jagtar Singh (AW -2). Further, learned counsel for the appellant(s) -land owner(s) places heavy reliance on three judgments of this Court in RFA -2267 -1990 (Gurdev Singh (deceased) through his LRs v/s. State of Punjab, decided on 26.11.2008, Sadhu Singh v/s. The State of Punjab (RFA -3281 -1993), decided on 11.5.2010 and Hari Singh v/s. The State of Punjab (RFA -953 -1994), decided on 1.7.2013, to contend that since all these villages namely village Sottal in Gurdev Singh's case (supra), village Khunni Majra in Sadhu Singh's case (supra) and village Jandpur in Hari Singh's case (supra) as well as village of these land owners, i.e. Bhago Majra were close to each other in District Rupnagar itself, the appellants are also entitled at least for the same amount of compensation, which has been granted by this Court to the land owners of the village Khunni Majra in Sadhu Singh's case (supra). He prays for allowing all these appeals.;