JUDGMENT :

M.R. Shah, J.

Civil Appeal Nos. 3875-3876 OF 2009

1. Arising out of the impugned common judgment and order dated 19.09.2008 passed by the High Court in RFA No.3476 of 1999 filed by the original claimants for enhancement and RFA No.1507 of 1999 filed by the Bhatinda Integrated Co-operative Cotton Spinning & Ginning Mills Ltd.

Special Leave Petition No.9470 of 2010

Leave granted.

Arising out of RFAs No.2648 of 1999 (Bant Singh and Ors. vs. State of Punjab and Ors.), the appeal which was filed by the original claimants for enhancement of the compensation. However, it is required to be noted that RFA No.1505 of 1999 filed by the Bhatinda Integrated Co-Operative Cotton Spinning & Ginning Mills Ltd. vs. Bant Singh and others is not under challenge.

Special Leave Petition No.15117 of 2010

Leave granted.

Arising out of RFA No.2645 of 1999 which was filed by the original claimants Gurbachan Singh and others for enhancement of compensation. It is required to be noted that no appeal has been preferred by the original claimants (Gurbachan Singh and others) challenging the order passed in RFA No.1505 of 2019 which was filed by the Bhatinda Integrated Co-Operative Cotton Spinning & Ginning Mills Ltd. which has been allowed by the High Court and the amount of compensation has been reduced.

CIVIL APPEAL NOS.9185-9196 of 2017

Civil Appeal Nos.9895-9897 of 2017 arising out of RFA Nos.2642, 2643, 2644, 2645, 2646, 2648 of 1999 and RFA Nos. 1505, 1508, 1509, 1510, 1515 and 1516 of 1999.

2. As common question of law and facts arise in this group of appeals, all these appeals are decided and disposed of together by this common Judgment and Order.

2.1 Vide notification dated 06.06.1988 issued under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the lands owned by the original claimants admeasuring 297 Kanals and 1 Marla situated in the revenue estate of Jassi Pau Wali, Distt. Bhatinda, Punjab came to be acquired for public purpose, namely, establishment of Bhatinda Integrated Cooperative Cotton Spinning and Ginning Mills Ltd. (for short, ‘the Spinning Mill’). The same was followed by a notification under Section 6 of the Act on 08.06.1988. The Land Acquisition Officer vide Award dated 05.10.1989 determined the value of the land at Rs.25,000/-per acre and awarded the compensation accordingly. At the instance of the land owners the references were made to the Reference Court. Vide common Judgment and Award dated 27.02.1999, the Reference Court determined the market value of the land at Rs.1,12,000/-per acre. Before the Reference Court it was the case on behalf of the land owners that the acquired land is situated just on the main Bhatinda Mansa Road and has a very potential value of being used for commercial and residential purposes as well as the industrial purposes. Before the Reference Court the land owners heavily relied upon the registered Sale Deeds Ex.A.W.6/C to Ex. A.W.6/H executed on or about 24.05.1979 at the rate of Rs.50,000/-per acre. The Reference Court took into account the aforesaid sale deed Ex.A.W.6/C to determine the market value of the lands acquired and considering the time gap of about 9 years between the date of the execution of the aforesaid sale deeds and Section 4 Notification thereby granted the increase of 12% in the price of the land per year and applied the cut of 25% and finally determined the value of the land at Rs.1,12,000/- per acre and accordingly enhanced the award of compensation by common Judgment and Order dated 27.02.1999.

2.2 Feeling aggrieved and dissatisfied with the common Judgment and Award passed by the Learned Reference Court whereby it enhanced the amount of compensation considering the market value of the land at Rs.1,12,000/-per acre, both, the original claimants as well as the Spinning Mill preferred the appeals before the High Court. The land owners preferred the appeals for enhancement of the compensation. By impugned common Judgment and Order the High Court has allowed the appeal