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2004 Supreme(P&H) 1050

G.S.SINGHVI
State Of Punjab, Through Land Acquisition Collector – Appellant
Versus
Hans Raj Setia (Deceased) Through Lrs. – Respondent


Judgment

G.S.Singhvi, J.

1. This appeal by the State of Punjab is directed against award dated 31.10.1988 passed by Additional District Judge, Ferozepur in Land Acquisition Case No. 56 of 1987.

2. The Government of Punjab, vide notification dated 15.3.1982 issued under Sections 4 and 6 of the Act, acquired 7.46 acres of land situated in village Suppanwali, Tehsil Abohar, District Ferozepur for a public purpose, namely, for construction of Daulatpur Minor., This included 15 kanals 2 marlas of land belonging to the respondents which formed part of Khasra No. 68/26/1 on which they had planted kinoo/malta orchard. The possession of the land had been taken by the concerned authorities in October, 1977 i.e. almost five and half years before issuance of acquisition notification. By an award dated 7.11.1985. Land Acquisition Collector, Drainage Circle, Patiala determined the market value of the land at the following rates:-

Nehri - Rs. 4,600/- per acre. Gair-mumkin - Rs. 2,000/- per acre.

3 Feeling dis-satisfied with the award of the Land Acquisition Collector, the respondents filed an application under Section 18 of the Land Acquisition Act, 1894 (for short, the Act) for award of compensat








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