KALLETTOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine would dispose of two Regular First Appeal Nos. 1758 of 1986 and 1757 of 1986 as both have arisen out of common award of the District Judge, Ropar.

(2.) By virtue of notifications dated 11.9.1981 published in the extra ordinary official gazette dated 25.9.1981, land measuring 29 Kanals 19 marlas was acquired by the State of Punjab for the purpose of construction of approach road to the High level bridge. The land is situated in village Jhanjheri, District Ropar. The Collector awarded a compensation at the rate of Rs. 9,700/- per acre for barani land and Rs. 4,850/- per acre for gair mumkin land. The District Judge on reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act') has upheld the award of the Collector.

(3.) The learned counsel for the claimants has vehemently argued that both the District Judge as well as the Collector have committed an error in categorizing the land into two classification and that the entire land deserves to be evaluated at the flat rate. The land in dispute is admittedly 29 kanals 19 marlas which cannot by any stretch of imagination be described to be a large tract, of land. It is an acquisition of small area of land of less than four acres and, therefore, the land whether a part of it was barani and another part was banjar gair mumkin, the entire land deserves to be evaluated at a flat rate particularly when all the transactions of sale which have been brought on the record of the case in the shape of mutations related to barani land. I am of the firm view that the entire land must be evaluated at the flat rate.