High Court Punjab-Haryana High Court

State Of Punjab vs Kulwant Singh And Others on 4 November, 2008

Punjab-Haryana High Court
State Of Punjab vs Kulwant Singh And Others on 4 November, 2008
R.F.A.No. 2313 of 1989                        -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH


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                                   R.F.A.No. 2313 of 1989
                                   Date of Decision: November 04, 2008


State of Punjab

                                             .....Appellant

                                   vs.

Kulwant Singh and others


                                             .....Respondents

Coram:-        HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

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Present:       Mr. N.S.Pawar, Addl. Advocate General, Punjab
               for the appellant.

               Mr.Amit K. Singh, Advocate.
               for the respondents

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RAKESH KUMAR JAIN, J.

This order shall disposed of 8 Regular First Appeals No. 2313

to 2319 and 2793 of 1989 as common questions of law and facts are

involved in these cases.

An area of 4.62 acres situated in village Bhatris, H.B.No. 278,

Tehsil Rajpura District Patiala was notified under Section 4 of the Land

Acquisition Act, 1894 (for short ‘the Act’) on 18.9.1985 followed by

notification of declaration issued under Section 6 of the Act dated

24.9.1985, for the public purpose namely, for the construction of SYL canal.

Although the area notified under Section 6 was 4.62 acres but the actual
R.F.A.No. 2313 of 1989 -2-

measurement carried out at the spot was found to be 4.18 acres, which was

marginal and ignored. The Land Acquisition Collector, SYL Canal,

Punjab(for short the Collector), vide his award No. 122/P-SYL dated

25.5.1986 awarded compensation of the acquired land by dividing the same

into two categories (i) Chahi @ of Rs. 62,000/- per acre and (ii) Gair

Mumkin @ of Rs. 35,000/- per acre. The land owners filed objections

under Section 18 of the Act and inter alia pleaded that the market value of

the acquired land was not less than Rs. 2 lacs per acre at the time of

acquisition. The acquired land had high potentiality as it used to yield three

crops in a year. The acquired land is divided into two parts which fact has

not been considered by the Collector. In the reply, it was alleged that

adequate and just compensation has already been awarded by the Collector.

The land was acquired for widening of the canal. Earlier, the land was

acquired for SYL canal project in the year 1984 for which compensation @

of Rs. 49,500/- per acre was awarded and since the present acquisition is of

the year 1985 , Rs. 62,000/- has been awarded keeping in view the

escalation in the prices.

Both the parties to the lis led their respective evidence. The

Additional District Judge, Patiala vide his award dated 1.6.1989, re-

determined the compensation @ of Rs. 80,000/- per acre for chahi land, Rs.

53,000/- per acre for Barani land and Rs. 19,950/- per acre for Gair Mumkin

land.

Sh. Amit K. Singh, learned counsel appearing for the land

owners/claimants has argued that Reference court has relied upon decision

Exhibit R-4, pertaining to the acquisition dated 14.10.1982 of the land of

revenue estate of village Bhatris for the public purpose for construction of
R.F.A.No. 2313 of 1989 -3-

SYL canal, in which compensation @ of 60,000/- per acre for Chahi land,

Rs. 40,000/- per acre for Barani land and Rs. 15,000/- per acre for Gair

Mumkin land was maintained and after giving an increase of 12% every

year for a period of two years after following the decision in the case of

Inder Singh vs. State of Punjab 1988 SLJ 501 awarded compensation at

the rate of Rs. 80,000/- per acre for Chahi land, Rs. 53,000/- for Barani land

and Rs. 19,950/- per acre for Gair Mumkin land. It is contended by the

counsel for the land owners/claimants that Reference court has erred in not

considering the sale deed dated 5.11.1984 (Ex. A-6) of 01 kanal of land of

village Hulka, which was sold for a sum of Rs. 16,000/- which comes to

Rs. 1,28,000/- per acre. Both the villages Hulka and Bhatiras adjoins each

other. On the other hand, Ms. N.S.Pawar, Additional Advocate General,

Punjab, has contended that the court below has committed a palpable error

in giving 12% increase every year in view of the decision of this Court in

Inder Singh’s case (supra), which has been overruled by the Supreme

Court in the case of Mehtab Singh and others vs. State of Haryana 1995

(2) PLR 47. It is also submitted by the counsel for the State that sale deed

dated 5.11.1984, Ex. A-6 of village Hulka was also considered by this court

in R.F.A.No. 1296 of 1986 titled as State of Punjab and others. vs.

Nachhatar Singh and others decided on 11.3.1987 (Ex. R-4).

I have heard the counsel for the parties and have given my

thoughtful consideration to their respective contentions.

It is undisputed that the land of village Bhatris was earlier

under acquisition on 14.10.1982 for the same purpose of construction of

SYL canal. The Land Acquisition Collector after classifying the acquired

land into three categories, awarded compensation @ of Rs.49,550/- per acre
R.F.A.No. 2313 of 1989 -4-

for Chahi land, Rs. 30,000/- per acre for Barani land and Rs. 10,000/- per

acre for Gair Mumkin land, which was further enhanced by the Reference

court as Chahi @ of Rs. 60,000/- per acre, Barani @ of

Rs. 40,000/- per acre and Gair Mumkin at the rate of Rs. 15,000/- per acre.

The said acquisition of 14.10.1982 was the subject matter of appeal at the

hands of the State of Punjab in R.F.A.No. 1296 of 1986 titled as State of

Punjab and others vs. Nachhatar Singh and others in which sale deed dated

5.11.1984 (Ex. A-6) pertaining to village Hulka was produced as Exhibit A-

1. In the said case all the sale deeds were considered including the sale

deed of village Hulka and after that the award of the Reference court was

upheld maintaining the compensation awarded by it and the appeals filed by

both the land owners/claimants and the State of Punjab were dismissed.

Thus, I do not find any merit in the contention raised by the

counsel for the land owners/claimants in respect of consideration of sale

deed Exhibit A-6. Insofar as the contention of counsel for the State is

concerned, it has to be accepted that the decision relied upon in Inder

Singh’s case (supra) by the court below for the purpose of giving 12%

increase over the compensation assessed for the acquisition dated

14.10.1982 in the case of State of Punjab and others vs. Nachhatar Singh

and others (Ex. R-4), cannot be relied upon since the same has been over

ruled in Mehtab Singh’ case (supra). However, the Supreme Court has

now in the case of Special Land Acquisition Officer, BYDA, Bagalkot v.

Mohd,. Hanif Sahib Bawa Sahib AIR 2002 SC 1558 held that in view of

the escalation of prices of land, the court could take judicial notice and

awarded an increase of 10% for every subsequent year. Thus, in view of the

above, the appeals filed by the State of Punjab are allowed only to the
R.F.A.No. 2313 of 1989 -5-

extent that the claimant/land owners shall be entitled to 10% increase

instead of 12% increase every year. Except for this modification the award

of the reference court shall remain the same .

(RAKESH KUMAR JAIN)
JUDGE
4th November, 2008
paramjit