R.F.A.No.1376 of 1992 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.F.A.No.1376 of 1992
Date of Decision : 05.11.2009
Gurnam Singh ...Appellant
Versus
State of Haryana and another ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: M/s S.S.Dinarpur and Anil Kshetarpal, Advocates,
for the appellant(s).
Mr. Lokesh Sinhal, Addl. AG, Haryana,
for the respondents.
HEMANT GUPTA, J. (ORAL)
This order shall dispose of following appeals filed by the land-
owners claiming enhancement in the compensation determined by the
learned Reference Court in its Award dated 01.02.1992:
Sr. Case Number Parties Name
No.
1. RFA No.1376 of 1992 Gurnam Singh Vs. State of Haryana and
another
2. RFA No.1377 of 1992 Chandan Singh Vs. State of Haryana and
another
3. RFA No.1378 of 1992 Rajinder Singh and others Vs. State of
Haryana and another
4. RFA No.1379 of 1992 Guljar Singh Vs. State of Haryana and
another
5. RFA No.1380 of 1992 Daljit Singh Vs. State of Haryana and
another
6. RFA No.1381 of 1992 Teja Singh and others Vs. State of Haryana
and another
7. RFA No.1384 of 1992 Tejpal Singh and others Vs. State of
Haryana and another
R.F.A.No.1376 of 1992 2
Sr. Case Number Parties Name
No.
8. RFA No.1759 of 1992 Bakhtawar Singh-deceased (represented by
his L.R.s) Vs. State of Haryana and another
1009 bighas 6 biswas (210 Acre 1 bigha 6 biswas) of land was
intended to be acquired situated in village Rampur Gainda vide
notification dated 28.11.1980 under Section 4 of the Land Acquisition
Act, 1894 (for short ‘the Act’) for the public purpose i.e. for plantation of
trees to avoid the soil erosion. The declaration under Section 6 of the Act
was published on 17.10.1983. The Land Acquisition Collector
announced its Award on 20.3.1986, awarding Rs.1500/- per acre.
Dis-satisfied with the amount of compensation awarded by the
Land Acquisition Collector, the land-owners have sought references
under Section 18 of the Act. The learned Reference Court vide its Award
dated 1.2.1992 determined Rs.2000/- per acre as the market value. Still
aggrieved, the land-owners are in appeal before this Court.
Before the learned Reference Court, the appellants have relied
upon mutations in respect of sale of land in villages Bhattuwala and
Kathgarh. Such mutations were not taken into consideration in evidence
by the Reference Court. To meet out the said objection, the land-owners
have moved an application for additional evidence bearing C.M.
No.1897-C of 2000. The said application was allowed by this Court vide
order dated 4.8.2000. Therefore, the objections regarding non-production
of sale instances as considered by the learned Reference Court does not
survive.
Learned counsel for the appellant(s) has vehemently argued
that there is no sale ever effected in the revenue estate of Village
Ramgarh Gainda. Therefore, the sale instances of adjoining villages i.e.
R.F.A.No.1376 of 1992 3
Bhattuwala and Kathgarh, which have been produced by way of
additional evidence form a reasonable basis for determining the market
value. Even if a reasonable ratio of development cut is applied, still the
sale instances being of adjoining land provides the best evidence to
determine the market value of the acquired land. It is argued that PW-1
Yudhbir Singh has deposed in his examination-in-chief that the land of
Villages Bhattuwala and Kathgarh is adjoining to the land in dispute. So
was in the statement of RW-1 Vajinder Singh, Range Forest Officer, who
has deposed that the land of villages Bhattuwala and Kathgarh adjoins the
acquired land.
I have heard learned counsel for the parties. Though the oral
evidence is that of villages Bhattuwala and Kathgarh are adjoining to the
land in dispute, but the location of the land vide which the land was sold
vide the sale deeds produced on record is anyway comparable with the
land acquired is not available. In the absence of any evidence to find out
the proximity of land, subject matter of the sale deeds produced on the
record with the land acquired, the reliance on the sale instances is not the
best evidence. It has also come on record that the acquired land is not
linked with any metalled road, is cut off during rainy seasons, is hillock
and not cultivable and only babbar, a kind of grass is grown. But since
the land is said to be adjoining to the villages Bhattuwala and Kathgarh,
I am of the opinion that the land-owners are entitled to some amount of
enhancement by way of rule of thumb keeping in view the sale instances
of adjoining village.
The learned Reference Court has determined the market value
of the acquired land as Rs.2000/- per acre. The said price of the land
R.F.A.No.1376 of 1992 4
acquired in the year 1980 is wholly inadequate. The same cannot be said
to be less than Rs.4000/- per acre as the land sold in adjoining village is
on higher price, though of small plots.
Consequently, the present appeals are allowed. The market
value is determined at Rs.4000/- per acre. The appellant(s) shall be
entitled to statutory benefits contemplated under Sections 23(1)(A), 23(2)
and 28 of the Land Acquisition Act, 1894 as amended as well alongwith
costs of the appeals.
05.11.2009 (HEMANT GUPTA) Vimal JUDGE