- (1.) This order will dispose of two connected appeals, R.F.A. Nos. 1328 and 1329 of 1977, which arise out of the same acquisition proceedings and a common award given by the District Judge.
(2.) By notification dated 5th of February, 1973, the State of Punjab acquired 407 Kanals 9 Marlas of land in four villages, namely, Shahr, Mirzapur, Hajipur and Madhopur in tehsil Pathankot district Gurdaspur, for Military authorities as the same was already under their occupation by virtue of requisition. In these appeals, we are concerned only with the land situate in village Madhopur. The Land Acquisition Collector, by award dated 23rd of October, 1975, awarded compensation with regard to the land in village Madhopur at the rate of Rs. 3,000/- per acre and for the land in the remaining three villages at the rate of Rs. 2,600/- per acre. On reference to the District Judge, the compensation was enhanced to Rs. 6,000/- for the land in village Madhopur for the other villages, it was increased to Rs. 5,400/- per acre, by award dated 9th of March, 1977. Dissatisfied with the award of the District Judge, the claimants have come up in appeals to this Court.
(3.) It is urged by Mr. M.L. Sarin, counsel for the appellants that in para 14 of the award, the learned District Judge has come to a definite conclusion that the land in village Madhopur is situate close to the National Highway from Pathankot to Jammu and has great potential value. The words used by the learned District Judge deserve to be quoted thus :- "However, it is abundantly clear from the evidence produced on the record that from the plan proved by the claimants that the land acquired had a peculiar potentiality attached to it. Its situation is very strategic. The land is situated just 300 yards from a national highway, Pathankot to Jammu which is the life-line between this part of India and Jammu and Kashmir and this village Madhopur is situated exactly at the border of Jammu and Kashmir. It has got a Railway Station and the abadi area starts just near the acquired land." A reading of the aforesaid quotation shows that the land in village Madhopur had peculiarly advantageous position and had great potential value for being brought in use in the near future for urban purposes. Under these circumstances, the evaluation of the land in village Madhopur has to be separately made and it cannot be compared with the land in the other three villages. That is why even the Collector has awarded higher compensation for the land in village Madhopur.;