High Court Punjab-Haryana High Court

Sir Bachittar Singh And Another vs The State Of Punjab And Another on 3 December, 2008

Punjab-Haryana High Court
Sir Bachittar Singh And Another vs The State Of Punjab And Another on 3 December, 2008
RFA No.664 of 1991             -1 -


IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

                                            RFA No.664 of 1991

                                            Date of Decision: 3.12.2008

Sir Bachittar Singh and another
                                                           ..Appellants.

Vs.

The State of Punjab and another
                                                           ..Respondents.


CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN


Present:    Mr.Vinod Kumar Kataria, Advocate for the appellants.

            Mr.N.S.Pawar, Addl.AG Punjab for the respondents.


RAKESH KUMAR JAIN, J.

This order shall dispose of 12 appeals, namely, RFA Nos.664 to

671, 738, 880, 1213 and 1219 of 1991 by a common judgment as common

question of law and facts are involved in these appeals.

Land measuring 34.75 acres situated in village Matta, Had

Bast No.132, Tehsil and District Faridkot was notified on 24.8.1984 under

Section 4 of the Land Acquisition Act (for short `the Act’) and followed by

notification of declaration dated 29.11.1984 under Section 6 of the Act for

the construction of Sarawan Drain at public expense. Originally an area of

35.67 acres was notified under Section 6 of the Act but on actual

measurements carried out at the site, area of 34.75 acres was found showing

a decrease of 0.92 acres from the notified area, which was due to the

different method of calculating the area by Karams and by feets by the Land

Acquisition Staff. The Land Acquisition Collector vide his award No.154
RFA No.664 of 1991 -2 –

dated 11.7.1986 classified the acquired land i.e. Nehri – 265 Kanals 1 Marla,

Barani – 7 Kanals 11 Marlas and Gair Mumkin – 5 Kanals 8 Marla total 278

Kanals. The Collector assessed the market value of the acquired land @

Rs.17,100/- per acre for Nehri, Rs.14,000/- per acre for Barani and

Rs.10,000/- per acre for Gair Mumkin.

Aggrieved against the award of the Collector, the land owners-

claimants preferred Objections under Section 18 of the Act alleging therein

that the acquired land is close to commercial and dwelling complex and the

price of the land is not less than Rs.80,000/- per acre. It was also alleged

that the acquired land has been divided into two parts, therefore, a loss of

Rs.4000/- has caused to them. The land owners also claimed damages to the

tune of Rs.2000/- as barbed wires with pillars were destroyed and Rs.5000/-

per annum for depositing the earth heaps in the area belonging to them. In

the written statement, it was alleged by the State that compensation has been

assessed as per the prevalent market rate. It was denied that the land

owners-claimants are entitled to recover any amount on account of

segregation of the land or damages to the barbed wire. It was also denied

that any heaps of earth were deposited in the land left over from the

acquisition.

The learned Additional District Judge, Faridkot vide his order

dated 3.10.1990 after taking into consideration the evidence led by both the

parties awarded compensation and dismissed the reference upholding the

award and awarded compensation at the enhanced rate of Rs.4000/- per acre

in respect of all kinds of land in addition to the compensation already

awarded to the land owners.

Sh.Vinod Kumar Kataria, learned counsel for the appellants has
RFA No.664 of 1991 -3 –

vehemently contended that the Reference Court has committed a palpable

error while discarding sale deed Ex.P2 which has been executed in respect

of land measuring 2 Kanals 2 Marlas for a sum of Rs.13,600/- which comes

to Rs.51,600/- per acre. Learned counsel further submitted that the sale deed

was executed on 15.4.1982 whereas the acquisition in the present case is of

24.8.1984, therefore, in view of the Division Bench judgment of this Court

in the case of Khan Chand Vs. State of Haryana 2008(2) RCR (Civil)

286, the compensation deserves to be enhanced giving 10% increase for the

gap of two years from the date of sale deed and the date of acquisition and

since the land which is sold vide sale deed Ex.P2, is a small piece of land,

therefore, 40% cut can be applied. In this process, learned counsel for the

appellants submits that the compensation would come to Rs.31,000/- per

acre.

As against this, Sh.N.S.Pawar, learned counsel for the State of

Punjab has argued that the sale deed Ex.P2 pertains to village Guru Ki Dhab

whereas the acquisition is of the land of village Matta. He also submits that

there are 6 sale deeds produced by the State namely sale deed Ex.R1

pertaining to land measuring 16 Kanals sold on 31.5.1984 for Rs.33,000/-,

sale deed Ex.R2 in respect of 16 Kanals of land sold for Rs.33,000/- on

29.5.1984 and sale deed Ex.R6 in respect of land measuring 20 Kanals 5

Marlas sold for Rs.42,000/-. So far as other sale deeds Ex.R3, R4 and R6

are concerned, those were not pressed by the learned counsel for the

respondents. It is contended by the learned counsel for the State of Punjab

that through these three sale deeds Ex.R1, Ex.R2 and Ex.R6, the land

measuring 52 Kanals 5 Marlas was sold for a consideration of

Rs.1,08,000/-. The average of these three sale deeds comes to less than
RFA No.664 of 1991 -4 –

Rs.17,000/- per acre. It is contended by the learned counsel that the

judgment in the case of Khan Chand (supra) is not applicable and the

learned Reference Court has rightly relied upon the sale deeds Ex.R1, Ex.R2

and Ex.R5.

I have heard learned counsel for the parties and have perused

the record with their assistance.

In so far as sale deed Ex.P2 is concerned that pertains to land

measuring 2 Kanals 2 Marlas of a different village called Guru Ki Dhab of

course, sale instance of a small piece of land in comparison to the acquired

land. In the judgment of the Division Bench in the case of Khan Chand

(supra), the facts were that there was only one sale deed Ex.P1 of the year

1980 pertaining to sale of one Kanal land, the value of which comes to

Rs.1,44,000/-. In the said case, land was situated within the municipal limits

of Kaithal and was merely two furlongs away from the city of Kaithal. Since

there was no other evidence produced in the shape of sale deeds either by

the land owners or by the State, the learned Division Bench relied upon

solitary sale instance and after giving 10% increase for two years, since the

acquisition was of the year 1980, calculated the value of the acquired land

(on the basis of sale instance Ex.P1) to the tune of Rs.1,72,800/- per acre

and after applying cut of 40% on the ground that sale instance Ex.P1 was

pertaining to a small piece of land, awarded Rs.1,03,680/- per acre. The

facts of this case are altogether different from the facts of the aforesaid

judgment because in this case besides sale instance Ex.P2, there are sale

instances which have been produced by the State of Punjab in the shape of

Ex.R1 to Ex.R6 out of which the learned Reference Court has rightly not

taken into consideration sale instances which were post notification and had
RFA No.664 of 1991 -5 –

considered only those sale instances which were in close proximity in time

to the date of notification issued under Section 4 of the Act. The Reference

Court has thus, rightly found the value of the acquired land of village Matta

to which all the sale instances relate was not more than Rs.17,000/- for

Nehri land. However, giving another amount of Rs.4000/- compensation

stood enhanced into three categories i.e. for Nehri land it has been assessed

@ Rs.17,000/-, for Barani @ Rs.14,000/- and for Gair Mumkin it has been

enhanced to Rs.10,000/- per acre besides awarding statutory benefits in

terms of the provisions of the Amended Act.

Sh.Vinod Kumar Kataria, learned counsel for the appellants is

at pains to persuade this Court to take into consideration the fact that out of

the entire acquired land measuring 278 Kanals, land measuring 265 Kanals

1 Marla is Nehri, 7 Kanals 11 Marlas is Barani and only 5 Kanals 8 Marla is

Gair Mumkin. Learned counsel has submitted that since only land

measuring 12 Kanals and 19 Marlas is not Nehri, therefore, this may not be

treated differently and compensation as assessed for the Nehri land be also

awarded for the rest of the land measuring 12 Kanals 19 Marlas.

Keeping in view the totality of circumstances, I do not find any

merit in the present appeals and therefore, the same are hereby dismissed

without any order as to costs.




                                              (Rakesh Kumar Jain)
3.12.2008                                            Judge
Meenu


                   Refer to reporter - yes