The main legal point established in the judgment is the application of the belting system to determine compensation rates for different types of land and the consideration of potential value and development activities to determine the market value.

JUDGMENT

G.S. Sandhawalia. J. - The present judgment shall dispose of above mentioned 160 appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') against the Award of the Reference Court, Bathinda dated 31.10.2011 both by the landowners and by the Punjab State Agricultural Marketing Board (Mandi Board). The Reference Court has held that the landowners are entitled for the compensation at the following rates, while resorting to the belting system:-

"(1) Rs.235/- per sq yard or Rs. 11,17,400/- per acre of 8 kanals of the land and land is represented by khasra numbers 388/124 & 25, 396/14, 5, 6, 7, 14, 15, 16, 17, 24 & 25 and khasra numbers 403//3 & 5.

(2) Rs.225/- per sq yard or Rs. 10,70,000/- per acre of 8 kanals of the land and the land comprised of khasra No.389//21 (3-9), 22 (2-18) and 395//1 (8-0), 2 (8-0), 9 (8-0), 10 (8-0), 11 (8-0), 12 (8-0), 19 (8-0), 20 (8-0).

(3) The remaining land Rs.100/- per sq yard or Rs.4,84,000/-per acre of 8 kanals.

The claimants are also entitled to the benefits of section 23 (1-A) and 23 (2) and section 34 of Land Acquisition Act, 1894 on the enhanced rate of compensation."

2. The land was acquired vide notification dated 08.02.1990 issued under Section 4 of the Act for 49 acres 6 kanals 16 marals for establishment of New Grain Market at village Phul (Rampura). The Land Acquisition Collector (for short 'the LAC) vide Award dated 29.01.1993 had awarded following compensation:-

3. Apart from that compensation was also awarded for the construction, tubewell, fruit giving trees and for other trees.

4. On an earlier occasion vide Award dated 25.02.2003 the landowners were held entitled for the compensation to the tune of Rs. 225/-per square yard (Rs. 10,70,000/- per acre) who were owners as per site plan Ex.A1, abutting the main road upto the depth of 60 karams by leaving 10karams of the same towards the passage etc. upto the depth of 25 yards of the land shown in ABCD. The balance land which was Nehri/Chahi in nature compensation @ Rs. 90,000/- per acre was awarded and for the Gair Mumkin price remained the same, apart from the statutory benefits etc.

5. Thereafter, 264 appeals as such were filed, which were disposed of on 17.02.2009, lead case of which was RFA No.317 of 2004 Smt. Shanti Devi Vs. The Collector and others' along with appeals filed by the Mandi Board, which had sought reduction of compensation. It was noticed that 72 persons were paid compensation for structures in addition to the value of the land which has not been disputed in the present set of appeals, but on account of variation of the value of the land, it was held that it would not be safe to rely upon the same for the purpose of determining the fair value. Accordingly, the formula which had been adopted by the Reference Court was not appreciated and the references were remitted for disposal in accordance with law while noticing that evidence had been closed by order, but no remedy has been taken against the said order. Resultantly, Mandi Board was permitted to cross-examine the witnesses produced by the landowners and lead evidence in defence. It was in such circumstances, the present award has been passed, which is subject matter of consideration.

6. It is pertinent to notice that the arguments were heard on 17.01.2019, 21.01.2019 and 22.01.2019, but no one appeared on behalf of the Mandi Board to assist this Court, though remand had also taken place at the first instance, on its asking.

7. The basis for enhancement of the market value as noticed above by the Reference Court is on account of taking into consideration three sale exemplars i.e. sale deeds Ex.A1, Ex.A80 and Ex.A81. It is