Judgment

Altamas Kabir, J.—Applications for substitution in Civil Appeal Nos. 3010/03, 3152-80/03 and in 3343-3554/99 are allowed.

2. All these appeals relate to the acquisition of 3512.33 acres of land comprised in five villages, namely, Hamidpur, Gumanpura, Khurmania, Kathania and Wadala Bhitewad pursuant to several notifications dated 1st June, 1977, 22nd July, 1977, and 5th May, 1978, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) for extension of the Cantonment at Amritsar. The Collector passed his award in respect of the acquired lands on 28.3.1978 after classifying the lands in question into four categories namely:

(i) Chahi;

(ii) Nehri;

(iii) Barani;

(iv) Gair Mumkin.

In respect of each of the categories, different rates of compensation per acre were computed in the manner following:

(i) Chahi – Rs. 16,500/-

(ii) Nehri – Rs. 16,500/-

(iii) Barani – Rs. 12,000/-

(iv) Gair Mumkin – Rs. 5,000/-

Various references were thereafter made to the District Court at the request of the aggrieved claimants against the said award of the Land Acquisition Collector for enhanced compensation in respect of the acquired lands at different rates between Rs. 50,000/- to Rs. 90,000/- per acre. Following the belting method, the learned Additional District Judge, Amritsar, fixed the market value of lands forming part of the first belt at a uniform rate of Rs.50,000/- per acre, irrespective of the quality of the lands. Similarly, in respect of the second belt, the market value of the lands was fixed at Rs. 40,000/- per acre, irrespective of the quality of the lands. In respect of the those claimants whose lands did not fall within the two belts, the compensation was enhanced and fixed at.

(i) Rs. 25,000/- per acre for Chahi-Nehri lands

(ii) Rs. 18,000/- per acre for Barani lands and

(iii) Rs. 8000/- per acre for Gair Mumkin lands.

3. A batch of appeals was filed against the decision of the Additional District Judge, Amritsar. In the R.F.As involving 721.3837 acres in Hamidpur, after taking into account the potentiality and the nature of the lands, including their proximity to G.T. Road and other connecting roads and the other sale deeds filed before him, the learned single Judge of the Punjab and Haryana High Court fixed the market value of the lands in question at a uniform rate of Rs. 16,500/- per acre. The same rate was fixed for the lands in Ghumanpura. LPAs were filed against the order of the learned single Judge in respect of village Hamidpur and Ghumanpura. The other RFAs in respect of the lands comprised in village Kathania and Wadala Bhitewad were pending consideration when the LPAs were taken up for consideration by the Division Bench. Considering the fact that the appeals all related to more or less simultaneous acquisition of the lands comprised in the five villages for extension of the Amritsar Cantonment, the Division Bench took up the RFAs for consideration along with the LPAs and disposed of all the matters by its findings and judgment in the leading case being LPA No. 729/85.

4. While considering the matter, the Division Bench concluded that the lands comprised in the five villages were more or less of similar nature and character and well connected by roads and that there was a good deal of potentiality for development of the locality. It was observed that the areas in question contained houses and factories and were also close to the Guru Nanak Dev University. The Division Bench also took particular note of the fact that the lands comprised in the adjoining village of Kala Ghanu Pur, which had also been acquired, under notifications dated 1st June, 1977 and 10th June, 1977, were valued uniformly at Rs. 40,000/- per acre. The Division Bench observed that the market value of the acquired lands was being determined keeping in view their potentiality for industrialization or urbanization. It was observed further that it had been fairly conceded by counsel for the parties that the market value of t