RAKESH KUMAR,JAIN,J. - (1.) THIS order shall dispose of two cases RFA Nos. 1756 and 1757 of 1990, as common questions of law and facts are involved therein.
(2.) THE Land measuring 0.256 acres situated at village Bara Pind, Hadbast No.326, Tehsil and District Ropar was notified vide notification issued under Section 4 of the Land Acquisition Act, 1894, (in Short 'the Act') dated 19.9.1986 followed by a notification of declaration issued under Section 6 of the Act dated 23.9.1986 for the public purpose, namely, for the construction of Satluj Yamuna Link Canal. The Collector the Land Acquisition, SYL Canal, Project, Patiala vide his award No. 218/R-SYL dated 19.11.1986 classified the land into three parts namely, i) Barani Bet - 1 kanal and 8 marlas; ii) Banjar Quadim - 1 kanal and 2 marlas; iii) Gair. Mumkin - 0 kanal and 14 marlas; and awarded compensation for (i) Barani Bet - Rs. 16,000/- per acre; Banjar Quadim Rs. 80,000/- per acre and Gair Mumkin - Rs. 3,792/- per acre. The Collector also announced supplementary award No. 262/R-SYL dated 20.3.1987 in respect of the same land i.e. for Banjar Quadim land - 0 kanal 7 marlas @ Rs. 80,000/- per acre and Gair Mumkin land - 0 kanal 1 marlas a Rs. 3,792 per acre. The assessed amount of the flour mill (Atta Chakki) was @ Rs. 31600/- per acre. Un-satisfied with the award claimants/landowners filed objections under Section 18 of the Act, in which it was averred that the applicants were not present at the time of the announcement of the award. The applicants came to know about the award when they were made the payment of the compensation on 29.3.1987. It was further awarded that applicants have received the amount of compensation on 29.3.1987, under-protest as the amount of compensation awarded by the Land Acquisition Collector, SYL Canal, Patiala was most inadequate, insufficient and not acceptable because the land has great potential value at the time of its acquisition on account of the following reasons : i) That the land in question adjoins the Abadi of the village and there are 200 residential houses. ii) That there is Govt. school, in the village and the same is near the acquired land. iii) That there is Govt. dispensary in the village. iv) That the national high way known as Chandigarh-Nangal Road, is near the acquired land. v) That the railway station is near the acquired land. vi) That Bharatgarh town is also located near the acquired land which is hardly at a distance of 20 yards from the acquired land.
(3.) THE claim of the claimant(s)/Landowner(s) was denied by the State and it was replied as under : "Not admitted. The petitioner Sh. Baldev Singh was present on 20.3.1987 at the time of announcement of award No. 262/R. He also appeared as attorney of Sh. Bhagat Singh and Gurbhajan Singh and received the payment of compensation on 20.3.1987 without protest. However, they were not present at the time of announcement of other award bearing No. 218 dated 19.11.1986. But their absence at the time of announcement of award is of no consequence as the notice under Section 9 was duly served and Sh. Baldev Singh himself and on behalf of others joined proceedings and made a statement. The contents of this para are denied. The land in dispute had no special potential value rather it was Banjar Quadim as per entries in the revenue record (Jamabandi etc.) i) Not admitted. The land was situated at the bank of the Bhakra Main Canal and could not be utilized for abadi purposes and had no link with the same. The abadi of the village is situated at a considerable distance from the acquired land. ii) Not admitted. iii) ........ iv) Not admitted. The situation of the land in question on the Chandigarh- Nangal Road has not in any way increased its value because there is no abadi or commercial establishment nearby. v) Not admitted. vi) Not admitted. The land has no potential value. The abadi of village Bharatgarh is at distance of few kilometers from the acquired land." ;