PRITAM PAL,J. - (1.) THIS judgment of mine would dispose of a bunch of 62 Regular First Appeals, bearing Nos. 1802 of 1996, 1459, 1799, 1466, 1166 to 1171, 1602 to 1605, 1607, 1608, 1641 to 1644, 1698, 1742, 1743, 1798, 1800 to 1803, 2084, 2130 2305, 2397, 2407, 1167, 1168 of 1995, 582 of 1996 and 2014 of 2003 filed by the claimants/land-owners for enhancement of compensation and R.F.A. Nos. 1669 to 1675; 2180 to 2199 of 1995 and 4071 of 2002, filed by Punjab Small Industries and Export Corporation, against the award dated 27.1.1995, passed by the Reference Court. Since all these appeals arise out of one and the same judgment, pertaining to the same notification and common questions of law and facts are involved therein, so they are being taken up together for decision.
(2.) IN nutshell, facts culminating to the commencement of these sixty two appeals may be recapitulated thus :- In pursuance to the Punjab Government notification dated 27.3.1985 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), the total land measuring 222.89 acres situated in five villages, namely, Basti Danish Mandan, Kutlupur, Basti Bawa Khel, Wariana and Basti Pir Dad, (District Jalandhar) was acquired for the purpose of setting-up a Leather Goods Complex at Basti Bawa Khel, Jalandhar at public expenses for public purposes. The declaration under Section 6 of the Act was published in the Punjab Government gazette on 9/10th August, 1985. Ultimately, the Land Acquisition Collector (for short, "the Collector") had passed five different awards on the same date i.e. 14.8.1987 in respect of compensation of the acquired land of the land-owners/appellants (hereinafter referred to as "the land-owners"). Thereafter, a Supplementary Award No. 4-A was also passed by the Collector regarding the compensation in respect of structure, hand-pump etc. situated in village Basti Pir Dad in respect of Kulbir Singh, one of the land-owners. As per the awards passed by the Collector, compensation for Chahi and Ghair Mumkin land abutting pucca road was assessed at Rs. 60,000/- per acre whereas, the compensation of land which was 40 karams away from the pucca road, was assessed at Rs. 48,033/- per acre. Likewise, the Collector awarded a compensation of barani land abutting the pucca road @ Rs. 30,000/- per acre, whereas, for barani land which was more than 40 karams away from the pucca road, it was assessed at the rate of Rs.23,800/-. It is also to add here that the above rates of the land were applied by the Collector to the entire acquired land situated in all the above mentioned five villages of District Jalandhar. Besides that, 10% severance charges of the compensation amount was also awarded to four appellants, namely, Gurbhajan Singh, Gursharan Singh, Harjit Singh and Jasbir Singh. All the appellants feeling aggrieved with the rate of compensation awarded by the Collector, filed their respective Reference Applications under Section 18 of the Act for enhancement of compensation. Ultimately, the matter went before the Reference Court, where, learned Additional District Judge, Jalandhar, vide his judgment dated 27.1.1995, held the method of awarding compensation by the Collector in respect of the acquired land as improper and unjustifiable and while relying upon Nand Ram and others v. State of Haryana 1989 All India Land Acquisition and Compensation Cases 1 (SC); Ratti Ram and others v. State of Haryana and another, 1987 All India Land Acquisition and Compensation Cases 199, Inder Singh v. State of Haryana, 1987 All India Land Acquisition and Compensation Cases 321 and Zora Singh v. Union of India and another All India Land Acquisition and Compensation Cases 541, came to the conclusion that the compensation/market value of the land acquired by the same notification forming one tract was to be assessed at the same rate. Further, it was also observed by the learned Reference Court that when lands were similarly situated, acquired under the same notification and for the same public purpose, then in that eventuality, the State is required to pay similar compensation to the land-owners under Section 23 of the Act. Ultimately, the Reference Court vide its judgment dated 27.1.1995, assessed the market-value of the acquired land at a flat rate of Rs. 1,15,000/- per acre. At the same time, no severance charges, for which 10% compensation was granted by the Collector, were awarded by the Reference Court.
(3.) NOW , the land owners, being dissatisfied with the aforesaid rate of compensation, awarded by the Reference Court have come up in 35 Regular First Appeals for enhancement of compensation atleast at the rate of Rs. 4,00,000/- per acre. On the other hand, Punjab Small Industries and Exports Corporation (hereinafter referred to as "the Corporation") has also filed appeals for making reduction in the compensation awarded by the Reference Court.;