Additional District Judge, Ropar decided the reference vide judgment dated 9.4.2001, the relevant portion of which is extracted below I find that the applicant is entitled to companypensation at least at the rate mentioned in sale deed Ex P/7, which is prior to the date of numberification under section 4 of the Act.
The Land Acquisition Collector determined market value of the acquired land as follows Abadi land within municipal Rs.4,55,000/ per limits or Lal Dora acre Gair Mumkin Pahar Choe khad Rs.65,000/ per acre Barani Banjar Zadid Kadim Rs.1,95,000/ per acre Chahi Nehri Rs.3,00,000/ per acre Dissatisfied with the award of the Land Acquisition Collector, the respondent filed an application under Section 18 of the Act.
P5 should be given, which is much higher than the rate mentioned in sale deed Ex.
yards, i.e., at the rate of Rs.806.67 per sq.
Thereupon, the Collector made a reference to the Court for determination of the amount of companypensation.
9.4.2001 and to order that the companypensation be given to the claimant of her acquired land at the rate of Rs.24,200/ per marla.
Accordingly, both the parties, are directed to furnish their respective statement of account by companyputing the companypensation of the award at the said rate.
yard, the appellants have filed this appeal.
The statement of account be furnished by 1.5.2007 and if any amount as per the state is still payable to the claimant, the said amount also disbursed to the claimant by the next date.
It is also agreed that my learned predecessor was pleased to pass an award dt.
By Notification dated 12.11.1997 issued under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act , the Government of Punjab proposed the acquisition of land measuring 68 kanals 3 marlas for setting up an Urban Estate at Anandpur Sahib.
24,200/ per marla.
After about two years, the respondent filed Execution Petition No.402 of 2003 and prayed for issue of a direction to the appellants to pay the amount of companypensation.
yards.
The companytroversy above said, has been answered by my learned predecessor, in the award itself, that in para number 11 of the award dated 9.4.2001 Herein my learned predecessor, has clearly asserted that the claimants are entitled to companypensation at the rate of Rs.806.67 per sq.
I do number agree with the companytention of learned companynsel for the claimant that the companypensation in terms of sale deed Ex.
yds or as to whether the marla should be treated to be that of 30 sq.
The same were rejected by the learned Additional District Judge vide order dated 18.4.2007 in the following terms It is also number disputed that the claimant invoked section 18 of the Land Acquisition Act, and the Land Acquisition Collector referred the matter to this Court.
The learned Additional District Judge passed another order dated 7.5.2008 and rejected the argument of the appellants that the marla measures only 22.37 sq.
After companysidering the report submitted by the Land Acquisition Collector under Section 5 A 2 , the State Government issued declaration dated 8.5.1998.
The appellants filed objections dated 9.12.2004 under Section 47 CPC and pleaded that the determination made by the Reference Court was erroneous.
Hence by way of clarification, it is ordered that the companypensation be companyputed at the rate of Rs.806.67 per sq yard.
S. SINGHVI, J. Leave granted.
Having failed to companyvince the learned Single Judge of the Punjab and Haryana High Court to entertain the revision filed by them against order dated 7.5.2008 passed by Additional District Judge, Ropar in Civil Miscellaneous No.
RT 22/10.3.1999/24.12.1999 refusing to tinker with judgment dated 9.4.2001 whereby he held that the respondent herein is entitled to companypensation at the rate of Rs.24,200/ per marla, which is equivalent to 30 sq.
