- (1.) This judgment of mine would dispose of two Regular First Appeal Nos. 996 and 1008 of 1987 the former filed by the State of Punjab whilst the letter preferred by the landowner-claimants.
(2.) The State of Punjab issued a notification dated 16.4.1984 under Section 4 of the Land Acquisition Act (hereinafter to be referred as the 'Act') acquiring 0.49 acres of land situated within the revenue limits of village Sarala Kalan and has acquired for the construction of S.Y.L. Canal. The Land Acquisition Collector determined the market value of the acquired land at the following rates :- (i) Chahi Rs. 22,000/- per acre (ii) Barani Rs. 11,000/- per acre (iii) Gair Mumkin Rs. 11,000/- per acre
(3.) On reference under Section 18 of the Act, the learned District Judge assessed the market value of the land at the following rates :- (i) Chahi land Rs. 45,000/- per acre (ii) Barani Rs. 22,500/- per acre (iii) Gair Mumkin The learned District Judge while determining the market value of the acquired land at the above mentioned rates has relied upon an Award given by D.V. Sehgal, J. which is Exhibit A-2. This Award pertains to the land of village Kamalpur. The contiguity of the lands of villages Sarala Kalan and Kamalpur is a conceded fact between the parties as has been observed by the learned District Judge. While relying upon Exhibit A-2, the learned Distt. Judge in Inder Singh v. State of Punjab, Land Reference No. 581, decided on 15.11.1986 determined the market value of the land at the rates of Rs. 45,000/- per acre for the Chahi kind of land Rs. 36,500/- for the Barani kind of land and Rs. 22,500/- for Gair Mumkin kind of land. The aforesaid matter of Inder Singh v. State of Punjab, came up in appeal, that is, R.F.A. No. 1197 of 1987 before me which was disposed on 19.1.1989. It was held by me that the claimants in that case were entitled to the increase in the amount of compensation by 26 per cent. In Inder Singh's case I was dealing with the determination of compensation for the land which was acquired by issuance of a notification 13.4.1984. In the instant case, I am dealing with a notification which was issued on 16.4.1984.;