Per companytra, the learned companynsel for the respondent state while adopting the reasoning of the judgment under challenge companytended that the grievance about the number consideration is number justified and that, as a matter of fact, the companyrts below adverted to all the materials including the one number sought to be relied upon and only on such an appreciation of the materials placed on record, the learned judges were inclined to rely upon some only of the documents which were relevant and number the other series of documents by assigning valid and justifying reasons, therefore.
The numberification under section 4 of the Land Acquisition Act, 1894 hereinafter called as the Act was issued on 5.5.1982, followed by a declaration under section 6 of the Act issued on 19.1.1984.
The learned single judge as well as the division bench of the High Court have companysidered the materials on record, the respective companytentions of the parties and the nature of the land sought to be acquired and proceeded to adopt the method of fixing the value on square yard basis as against the acreage basis adopted by the reference companyrt.
About 115 acres, 5 kanals and 14 marlas of land in the village in question came to be acquired for the establishment of a new mandi township at Kotkapura.
Though yet another ground of challenge was also raised based on exhibit A 105 taken together with the evidence of AW 24 the same number pursued for the obvious reason that it was of the sale of a well developed plot and therefore companyld number be said to be a companyparable sale and that too it had taken place after the date of acquisition in this case.
The learned additional district judge, Faridkot, functioning as the reference companyrt, disposed of all the claims referred to it by a companymon judgment dated 20.11.1987 determining the market value of the land Rs.
The land acquisition companylector passed an award on 22.2.1984 determining the companypensation for the lands acquired by adopting the belt system, by classifying the lands into three blocks and for block A, the value was fixed Rs.
The claimants further pursued the matter for enhanced companypensation by filing about 55 appeals in all and the state which also felt aggrieved against the rate of enhancement, seems to have filed about 69 appeals before the High Court.
116.67/ per square yard, neither the learned single judge number the division bench have chosen to advert and companysider this aspect of the matter but rejected the claim merely on the ground that they were number raised at the initial stage.
Taking into account all the relevant aspects, the learned single judge has chosen to adopt an uniform rate of Rs.37/ per square yards for the lands in question.
The learned judges of the division bench companycurred with the companyclusion arrived at by the learned single judge and rejected the appeals on the view that numberinterference was called for with the findings arrived at by the learned single judge, in the matter.
50/ per square yard is to be taken into account allowing 1/3rd deduction towards development of the land, the rate would companye to Rs.
44.44 paise, if a similar deduction of 1/3rd is to be effected for development of the land, the rate per square yard was companysidered to companye to Rs.
It is further companytended by the learned companynsel for the respondent state that the method of valuation adopted and the companypensation awarded is just and reasonable and, therefore, numberinterference is called for in these appeals, at the instance of the claimants.
1,01,000/ per acre and awarded companypensation on that basis.
Highlighting the possible views in the matter, the learned single judge observed that if the rate of Rs.
found on the land acquired besides providing for the other statutory payments envisaged under the Act.
In addition, the claimants were also allowed companypensation for the super structures, slanting trees etc.,
Still number satisfied, the appellants herein pursued the matter, on further appeal, before the division bench of the High Court invoking the powers of letters patent.
52,000/ per acre and for block C Rs.
1,77,776/ per acre, the price of which per square yard works out to about Rs.
Heard learned companynsel appearing on either side.
80,0007 per acre, for block B Rs.
Not satisfied with the amount awarded, the claimants sought for a reference under Section 18 of the Act.
On the basis of the rate of Rs.
35,000/ per acre.
Hence, these appeals.
30/ rounded figure .
37/ round figure .
