Full Judgment Text
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PETITIONER:
THE STATE OF PUNJAB
Vs.
RESPONDENT:
GURDIAL SINGH ETC.WITHCIVIL MISCELLANEOUS PETITION NO. 6336
DATE OF JUDGMENT26/07/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
PARIPOORNAN, K.S.(J)
CITATION:
1995 SCC (5) 331 1995 SCALE (4)594
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
A notification under s.4(1) of the Land Acquisition Act
was published in the State Gazette of Punjab on October 26,
1971 acquiring 70 Canals 48 Marlas of land for establishing
a Mandi (Market). The Land Acquisition Officer in his award
dated February 18, 1972 classified the land into three
categories and determined the compensation at Rs.40,000/- &
10,000/- per acre respectively. On reference under s.18, the
Additional District Judge in his award and decree dated June
3, 1976 classified the land into 5 categories and determined
the compensation at the rate of Rs.65,000/-, 50,000/-,
25,000/-,20,000/-and 15,000/- per acre respectively.
Dissatisfied therewith,the claimants filled the appeal. The
learned single Judge by his judgement and decree dated
August 31, 1979 determined the compensation at a flat rate
of Rs.70,000/- per acre of the entire land. The learned
single Judge has noted in the judgment that the counsel for
the State and the claimants have agreed that the point
raised in the appeal was squarely covered by a decision of
that court in State of Punjab v. Chand Singh, R.F.A. No.
1413/77 dated August 23, 1979. Following that judgement the
state’s appeal as well as the claimants’ cross objections
were disposed of accordingly. The Division Bench dismissed
the appeal. Thus, this appeal by special leave.
It is rather unfortunate that nothing has been placed
on record whether the State has carried the decision of the
Division Bench in Chand Singh’s case in appeal to this court
and if so what was its result. Further, even that judgment
has not been made part of record. Therefore, we are not in a
position to know on what principle the learned Judge had
granted a flat rate to the entire land. But in this case
since the claimants as well as well as the State relied upon
the said judgment and requested the Court to dispose of the
matter in terms thereof, without any material on record, it
will be difficult for this Court to find whether the
determination of Rs. 70,000/- per acre and at a flat rate
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was proper compensation. Accordingly we are constrained to
dismiss the appeal for the aforesaid reasons. No costs.
Since the record has not been printed, the Registry is
directed to refund printing charges.