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Judgment
Rajesh Bindal, J.—This order shall dispose of a bunch of 11 appeals, as the same arise out of a common acquisition.
R.F.A. Nos. 152 to 154 and 1532 of 1991 have been filed by the land owners seeking enhancement of compensation for the acquired land.
R.F.A. Nos. 1076 to 1982 of 1991 have been filed by the State seeking reduction of compensation awarded by the learned court below.
In R.F.A. Nos. 1076, 1079 and 1080 of 1991, the land owner has filed cross-objections seeking enhancement of compensation.
Briefly, the facts are that land in question, situated in the revenue limits of Sanaur, was acquired vide notification dated 23.2.1981, issued u/s 4 of the Land Acquisition Act, 1894 (for short, ''the Act'') for construction of Patiala Bye-pass. The Land Acquisition Collector (for short, ''the Collector'') awarded compensation @ Rs. 80,000/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, Patiala, who keeping in view the material placed on record by the parties, determined the fair value @ Rs. 1,42,000/- per acre. In R.F.A. No. 1532 of 1991, the land owner was awarded compensation @ Rs. 167,000/- per acre.
Learned Counsel for the parties are not in dispute that the land in question was acquired for the purpose of construction of Patiala bye-pass, which originated from a place near Punjabi University and merged on Patiala - Sangrur road, passing through various villages. The dispute in the present set of appeals is for determination of compensation for the land pertaining to the revenue estate of village Sanaur.
This Court in R.F.A. No. 1535 of 1991 Jaswant Kaur (deceased) through LRs and Ors. v. The State of Punjab and Anr. decided on 10.11.2008, had determined the fair value of the land acquired for the same purpose vide same notification pertaining to villages Chaura and Ghalori. It is admitted position that the land of revenue estate of village Sanaur falls in between the aforesaid two villages. The compensation payable for acquisition of land pertaining to villages Chaura and Ghalori has been determined by this Court at Rs. 1,67,000/- per acre. Once the land pertaining to the revenue estate of village Sanaur falls in between the land of the revenue estates of villages Chaura and Ghalori, I do not find any reason to discriminate in awarding compensation to the land owners in the present set of appeals.
Accordingly, for the reasons stated in Jaswant Kaur''s case (supra), the land owners in the present set of appeals are also allowed compensation @ Rs. 1,67,000/- per acre. The land owners shall also be entitled to all statutory benefits available under the Act. In RFA No. 1532 of 1991, the land owner has already been granted compensation @ Rs. 1,67,000/- per acre. Accordingly, no further enhancement is possible.
The appeals and the cross-objections are disposed of in the manner in the manner indicated above.