UNION OF INDIA Vs. ROOP KAUR

JUDGEMENT

(1.) In this set of eight Regular First Appeals, four preferred by the Union of India and an equal number by the landowner-claimants, the issues of law and fact are admittedly common and these are, therefore, being disposed of by this single judgment.

(2.) By a notification under Section 4 of the Land Acquisition Act dated 8th August, 1973, but published later in the official gazette on 28th September, 1973, an area of 965 kanals 2 marlas comprising entirely of the abadi lands of 10 villages, namely; Chawa, Nangal, Lamin, Karal, Bainsabecharag, Kotli Sainian, Chhaurian, Tibber and Tibri in Tehsil and District Gurdaspur was acquired for the public purpose of setting up a military Cantonment in the area. It deserves recalling that apart from the abadi area, a compact area of nearly 30000 acres comprised in the revenue estates of the aforesaid villages was also acquired by a separate notification of the same date.

(3.) In the acquisition proceedings that followed with regard to the acquisition of the aforesaid abadi areas, the Collector classified the same into two categories namely; land situated within the lal lakir and the land situated betwixt the lal lakir and the Circular Road of the village. However, the Collector apparently took the view that the quality and location of the land in all the ten villages was identical and awarded compensation at the same rate, therefore, as under :-