R.F.A. No. 2655 of 1990 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
R.F.A. No. 2655 of 1990 (O&M)
Date of decision: 21.11.2008
Major Gian Singh (deceased) through LRs
.. Appellant
vs.
The State of Haryana
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ram Chander, Advocate for the appellant.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana
for the respondent.
Rajesh Bindal J.
The land owner is in appeal before this Court against the award of
the learned Court below seeking further enhancement of the compensation for the
acquired land.
Briefly, the facts are that land measuring 6.13 acres, situated in
Village Karnal, Tehsil and District Karnal was acquired vide notification dated
22.11.1974, issued under Section 4 of the Land Acquisition Act, 1894 (for short,
`the Act’) for construction of tubewell workshop for lift irrigation pumps by
HSMITC. The same was followed by notification under Section 6 of the Act. The
Land Acquisition Collector (for short, `the Collector’) vide his award dated
26.12.1974determined the market value of the acquired land @ Rs. 12,312/- per
acre for chahi land and Rs. 4,464/- per acre for gair mumkin land. Dissatisfied
with the award, the land owner filed objections which were referred to the learned
Court below for consideration, who considering the material placed on record by
the parties, determined the market value of the acquired land @ Rs. 15/- per square
yard.
Learned counsel for the appellant submitted that the learned court
below has failed to appreciate the evidence produced by him on record for the
purpose of assessment of fair value of the acquired land. Sale deeds (Ex. P2, Ex.
P3 and Ex. P10) have been totally ignored, where the value of the land dealt with
therein was much more, as compared to the value granted by the learned court
R.F.A. No. 2655 of 1990 [2]
below. Even otherwise, the submission is that the learned court below has relied
upon earlier award pertaining to Sector 13, where the value of the acquired land
was assessed at Rs. 22/- per square yard for the acquisition carried out on 2.5.1973
and applied a cut of 33% thereon considering the fact that the present land was at a
disadvantageous location which, in fact, is not correct as this land is also situated
quite close to G.T. Road on Meerut road.
On the other hand, learned counsel for the State submitted that the
value of the land, as assessed by the learned court below does not call for any
further increase, rather, much more than what was deserved by the appellant has
already been granted. Accordingly, the appeal deserves to be dismissed.
Heard learned counsel for the parties and perused the record.
As far as sale deeds, produced by the appellant, are concerned, the
same have been considered by the learned court below. Sale deeds (Ex. P2 and Ex.
P3) were situated in an area which was in the vicinity of constructed area. Sale
deed (Ex. P10) was dated 22.12.1980, whereas the acquisition was much prior to
this. In addition to this, the land owner had produced on record 7 awards for
different acquisitions in Karnal at different places. The court found award (Ex. P8)
to be more reasonable which was the acquisition almost at the same time and
considering the difference in location in both the land, a cut of 33% was applied
thereon. The fact is that the land pertaining to award (Ex. P8) was located close to
city which was already urbanised, whereas the acquired land was situated beyond
the G.T. Road on road leading to Meerut.
Considering the aforesaid facts, I do not find any justification for
further increase in the value of the acquired land.
Accordingly, the appeal is dismissed.
(Rajesh Bindal)
Judge
21.11.2008
mk