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1984 Supreme(P&H) 432

I.S.TIWANA
Tara Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

I.S.Tiwana, J.

1. The petitioners impugn the award of the Divisional Canal Officer and also that the Appellate Authority (Collector, Sangrur), Annexures P.1 and P.2 respectively to the petition, determining the market value of their land acquired under section 30-D(4) of the Northern India Canal and Drainage Act, 1873 (for short, the Act) for the implementation of a scheme. The short submission of the learned counsel for the petitioners is that though the above noted provision of law makes it incumbent on the authorities concerned to determine the compensation in the light of the principles set out in section 23 of the Land Acquisition Act, 1894 and they, as a matter of fact, had produced evidence in the form of a sale instance and a copy of an earlier award given by the Land Acquisition Court for similar lands, yet these authorities have completely ignored that evidence and have thus said a good-bye to the principles governing the question of determination of market value of the acquired land. As per the pleadings, it is not disputed by the respondent authorities that the petitioners did produce evidence in support of their claim that the market value of their acquired lan

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