BALDEV KRISHAN SINGH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) In pursuance of notification published on 25.1.1978 under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) some and including the land measuring 2 kanals 12 marlas. on which the petitioner. was running a flour mill and other factory located in the municipal limits of Khanna town was sought to be acquired for the extension of new grain market. This declaration was followed by a notification dated 2.7.1979 under section 6 of the Act. The Land Acquisition Collector vide his supplementary award No. 1 dated 30.1.1983 awarded the following compensation.

(2.) Shri T.S. Doabia, learned counsel for the appellant, contends that as already two types of factories were installed on the acquired land and that it abutted on the two main roads in the area of Khanna town itself, the learned Additional District Judge had wrongly ignored. the evidence of A.W. 6 Swaran Singh, Kanungo of the Colonisation Department, to the effect that after developing the acquired land, it was sold in the shape of plots in open auction at the rate of Rs. 300/- per square yard. He further maintained that the evidence of Shri S.S. Jawanda (A.W. 8), retired Director of Inspection and Control, Pong Dam, was Wrongly discarded by the learned Additional District Judge to some extent. Mr. H. S. Bedi. the then Sr. D.A.G. assisted by Shri H S Riar, Sr. D.A.G. Punjab, on the other hand, supported the award of the Additional District Judge contending that developed plots would certainly attract more buyers and fetch more price than a large chunck of land measuring 2 kanals 12 marlas. The approach of the Additional District Judge in working out the average of the estimates worked out by Shri S.S. Jawanda and Shri Gurdev Singh, R.N. 2 Building Inspector regarding the structure etc, was also supported.

(3.) There it no dispute between the parties that the property in dispute abutted on two main roads and is located in Khanna town itself and was being used for running a flour mill and another factory. Facilities of electricity and water-supply were already available. In para No. 18 of the judgment, the learned Additional District Judge had discussed the location of this property as well as the fixing of market price of the acquired land as under