IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

236 Date of Decision: 03.12.2025 GURDIT SINGH (DECEASED) TH. HIS LRs .....Appellants Vs STATE OF PUNJAB AND ORS. ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Raj Karan Singh Verka, Advocate for the appellants/landowners.

Mr. Athar Ahmed, DAG, Punjab.

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HARKESH MANUJA, J. (Oral)

[1]. By way of present appeal, challenge has been laid to the Award dated 24.11.1993 passed by the learned Addl. District Judge, Jalandhar (hereinafter to be referred as the ‘Reference Court’).

[2]. Briefly stating, in the present case(s), land measuring 10 Marla situated within the revenue estate of village Banga, Hadbast No.82, Tehsil Nawanshahar, District Jalandhar, came to be acquired vide Notifications dated 05.01.1988 and 05.12.1988 issued under Sections 4 & 6 of the 1894 Act respectively for the public purpose namely for widening the Phagwara Road and Mokandpur Road and for providing car parking place at Banga, followed by an Award passed by the Land Acquisition Collector (for short ‘the LAC’) on 02.05.1989, thereby determining the market value of the acquired land @ Rs.2826/- per marla along with all other statutory benefits/interest under the

1894 Act.

[3]. Aggrieved thereof, the appellant-landowner invoked Reference under Section 18 of the 1894 Act, which came to be partly allowed by the learned Reference Court vide its award dated 24.11.1993, while granting enhanced compensation @ Rs.4,000/- per marla qua the acquired land besides awarding all other statutory benefits/interest under the 1894 Act.

Dis-satisfied with the Award passed by the learned Reference Court, the present appeal was preferred at the instance of appellants/landowners.

[4]. Impugning the aforesaid Award, learned counsel for the appellants/landowners submits that the learned Reference Court went wrong having failed to rely upon the sale deed dated 18.11.1988 (Ex.AW1/1) vide which 02 marlas of land situated in the same vicinity as that of acquired land was sold for Rs.91,240/- i.e. Rs.45,620/- per marla. He also points out that considering the locational advantage attached to the land which was surrounded by commercial establishments and was located at the corner of two roads, the market value was liable to be enhanced suitably and, thus the present appeal was required to be allowed.

[5]. On the other hand, learned State counsel submits that a well-reasoned and justified Award had been passed by the learned Reference Court upon appreciation of the pleadings and the evidence available on record which, thus calls for no interference as the sale deed dated 18.11.1988 (Ex.AW1/1) was rightly discarded by the learned Reference Court being post notification issued under Section 4 of the 1894 Act in the case in hand and, thus he prays for dismissal of the appeal preferred at the instance of the appellants/landowners.

[6]. I have heard learned counsel for the parties and gone through the paper book as well as records of the case(s). I find substance in the submissions made on behalf of the appellants/landowners.

[7]. A perusal of the record shows that vide Notification dated 05.01.1988 issued under Section 4 of the 1894 Act followed by Notification dated 05.12.1988 issued under Section 6 thereof, 10 Marla of land forming part of Village Banga, Hadbast No.82, Tehsil Nawanshahar, District Jalandhar was acquired for the public purpose namely for widening of the Phagwara Raod and Mokandpur Road and for providing car parking place at Banga. From the evidence, it is established that 10 marlas of land under acquisition was located on the main highway leading from Phagwara-Banga-Nawanshahar and was situated just opposite shopping complex, Municipal Committee, Banga besides, being surrounded by number of establishments of commercial nature. A positive finding of fact to the effect has also been recorded by the learned Reference Court in para No.21 of its award.

Relevant portion thereof is extracted hereunder:-

“21. As per evide