Balwant Singh vs The Punjab State Through The ... on 12 November, 2009 - Free Judgements of Supreme Court & High Court

Punjab-Haryana High Court

Balwant Singh vs The Punjab State Through The … on 12 November, 2009

RFA No. 2385 of 1990                                           [1]

IN   THE     HIGH     COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH




                     RFA No. 2385 of 1990
                     Date of Decision: November 12, 2009




Balwant Singh                                         ......... Appellant

                              versus

The Punjab State through the Collector
and another                                           .......... Respondents




1.Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?



Present:-   Shri M.S. Rakkar, Senior Advocate with
            Shri A.G.S. Dhillon, Advocate for the appellant.

            Ms. Ambica Luthra, Assistant Advocate General, Punjab.



HEMANT GUPTA, J.

This order shall dispose of present appeal as well as a bunch of

following 59 other Appeals arising out of acquisition of land situated in

seven villages, namely, Ram Nagar, Aujla, Jiwanwal, Nabipur, Barriar,

Ghorala and village Gurdaspur, Tehsil and District Gurdaspur, for

construction of bye-pass vide separate notifications under section 4 and 6 of

the Land Acquisition Act, 1894 (for short “the Act”) dated 19.3.1981
RFA No. 2385 of 1990 [2]

published on 15.05.1981 in respect of village Ram Nagar. Similar

notifications were issued in respect of other aforementioned villages as well.

 Sr.        Appeal No.                               Parties Name
 No.
1      RFA No. 2380 of 1990 Sham Singh and others vs. The State of Punjab
2      RFA No.2386 of 1990 Kartar Singh (dead) through LRs vs. The Punjab State
3      RFA No.2387 of 1990    Gudev Singh and others vs. The Punjab State and another
4      RFA No. 85 of 1991     Harnam Singh and another vs. The State of Punjab
5      RFA No. 628 of 1991    Kartar Singh vs. The State of Punjab and another
6      RFA No. 83 of 1991     Ajit Singh and another vs. The State of Punjab and another
7      RFA No. 84 of 1991     Jaswant Singh and another vs. The State of Punjab and Anr.
8      RFA No. 2688 of 1990 Achhar vs. The State of Punjab
9      RFA No. 1719 of 1991 Chanan Singh and others vs. The State of Punjab and Anr.
10     RFA No. 2467 of 1990 Dalbir Singh and others vs. State of Punjab and another
11     RFA No. 627 of 1991    Amolak Singh and another vs. The State of Punjab and Anr.
12     RFA No. 626 of 1991    Rachhpal Singh and another vs. The State of Punjab & Anr.
13     RFA No. 615 of 1991    Raghubir Singh and others vs. State of Punjab & others
       RFA No. 226 of 1991    Wadhawa Singh (deceased) and others vs. The State of Punjab
14
                              and another
15     RFA No. 227 of 1991    Hardial Singh and others vs. State of Punjab and another
16     RFA No. 2466 of 1990 Roop Lal and others vs. State of Punjab and others
17     RFA No.2530 of 1990    Gurchain Singh vs. State of Punjab and another
       RFA No. 2382 of 1991 Inder Singh (dead) through LRs. and another            vs. State of
18
                            Punjab and another
19     RFA No. 2474 of 1990 Kirpal Singh vs. The State of Punjab and another
20     RFA No. 1110 of 1991 Dalbir Singh and others vs. State of Punjab and another
21     RFA No. 150 of 1991    Balwant Singh vs. The State of Punjab
22     RFA No. 2473 of 1990 Piara Singh vs. The State of Punjab

Sr. Appeal No. Parties Name
No.

The Land Acquisition Collector vide Award dated 10.07.1986

determined the market value of the acquired land in village Ram Nagar at

Rs.34480/- per acre for Chahi, Rs.32480/- per acre for Chahi Nehri,

Rs.32480/- per acre for Nehri , Rs.26,000/- per acre for Gair Mumkin all

kinds and Rs.25,000/- for Barani land.

Dissatisfied with the amount of compensation, the land owners

sought References to the learned District Judge for determination of the

appropriate market value. Learned District Judge, on Reference, determined

the market value of the acquired land as under:-

Award dated Amount awarded per acre Situated in village
24.07.1990 Rs.40,000/- Ram Nagar
24.07.1990 Rs.40,000/- Aujla
24.07.1990 Rs.45,000/- Jiwanwal
24.07.1990 Rs.45,000/- Nabipur
RFA No. 2385 of 1990 [4]

Award dated Amount awarded per acre Situated in village
24.07.1990 Rs.40,000/- Barriar
24.07.1990 Rs.80,000/- (Abadi land) Ghorala
Rs.27,000/- (Chahi land)
24.07.1990 Rs.32,000/- Gurdaspur

Dissatisfied with the amount of compensation awarded by the

Reference Court, the State as well as land-owners are in appeal before this

Court.

Mr. Rakkar, learned Senior Advocate appearing for the land

owners whose land situated in village Ram Nagar was acquired, has

vehemently argued that sale instance Exhibit A-6 dated 21.6.1979 in respect

of land measuring 16 Marlas had not been taken into consideration by the

learned Reference Court. As per the said sale instance, the price of one acre

of land comes to Rs.4,20,000/-. Even if some cut is applied being sale of

small area, the compensation awarded by the learned Reference Court is

grossly inadequate. The learned counsel also relied upon Exhibit A-4,

agreement to sell dated 6.8.1980 whereby land measuring 2 Kanals is agreed

to be sold for Rs.32,000/- i.e., Rs.1,20,000/- per acre.

Mr. Rakkar, learned Senior Advocate for the appellant, relies

upon Award dated 6.4.1990 rendered by the Reference Court determining

the market value of the land situated in village Aujla at the rate of

Rs.60,000/- per acre. It is contended that since the land situated in village

Aujla was acquired by the same notification and for the same purpose,

therefore, compensation determined in the aforesaid case is required to be

determined in the present case as well. Reliance is placed on decision of the

Supreme Court in case reported as Ahmedabad Municipal Corporation

etc etc vs. Shardaben and others etc etc, AIR 1996 SC 3346; Atma
RFA No. 2385 of 1990 [5]

Singh (died) through L.Rs & others vs. State of Haryana and another,

AIR 2008 SC 709 and a judgment of this Court in Regular First Appeal

No. 3512 of 1992 titled Chand Khan and others vs. The State of

Haryana, decided on 31.03.2008.

The learned Reference Court has relied upon Exhibit A-7, a

sale instance of 11.06.1980, wherein 4 Kanals of land was sold for a total

consideration of Rs.30,000/- at the rate of Rs.60,000/- per acre. Since the

sale was of a small area, the Reference Court has applied 1/3rd cut to

determine the market value at Rs.40,000/- per acre. The land which is

subject matter of Exhibit A-6 is situated on GT Road going from Pathankot

to Gurdaspur. The said sale is of small area and is situated on National

Highway. The land acquired is situated at a distance ranging from 7 to 15

acres. Therefore, the land situated on a National Highway cannot be

compared with the land situated at a distance in a remote area. Consquently,

Exhibit A-6 is not of a comparable land and relevant evidence which can be

formed the basis for determining the market value.

The reliance of learned counsel for the appellants on the

agreement to sell dated 6.8.1980, Exhibit A-4, is again misplaced. The

agreement to sell is a document which can be created subsequently and does

not create any right in terms of Section 54 of the Transfer of Property Act,

1882. The agreement to sell itself does not create any right in any of the

parties. Therefore, reliance on the agreement to sell by the learned counsel

for the appellants is not tenable.

The Award dated 6.4.1990, Exhibit A-11, was relied upon

before the learned Reference Court by the landowners which is now subject

matter of RFA No. 2436 of 1990. The learned Reference Court found that
RFA No. 2385 of 1990 [6]

the same Presiding Officer in his earlier Award dated 13.03.1990, Exhibit

A-10, determined the market value of Nehri land of the same village at the

rate of Rs.45,000/- per acre but few days later on 6.4.1990 determined the

market value of the land acquired in the same village vide same notification

at the rate of Rs.60,000/- per acre. It was found that the said Awards have

not become final. Therefore, the market value of the acquired land was

determined at Rs.40,000/- per acre.

Award Exhibit A-10 was subject matter of challenge before this

Court in RFA No. 1447 of 1990 which has since been dismissed. The

Award, Exhibit A-11, is subject matter of challenge by the State in RFA No.

1967 of 1990, which is being taken up for hearing in these bunch of cases.

In Award Exhibit A-11, the learned Reference Court though discussed the

sale instances produced by the parties but proceeded to determine the

amount of market value on the basis of oral testimony of the landowners

that the land in village has been sold for Rs.80,000/- per acre or that

Rs.8000/- per Marla within the limits of Gurdaspur town. As per

landowners, since the land is situated near the municipal limit of Gurdaspur,

compensation at the rate of Rs.4000/- per Marla is required to be

determined. Thereafter the Reference Court proceeded to determine the

compensation at the rate of Rs.60,000/- per acre. The relevant discussion

reads as under:-

” 13. In the petition, the petitioners stated that prior to the
acquisition, land in this village had been sold for Rs.80,000/-

per acre although subsequently he elaborated that certain land
had also been sold for Rs.8000/- per marla within the limits of
Gurdaspur Town and that his land being near the municipal
limits of Gurdaspur, he was entitled to get Rs.4000/- per marla
as compensation. Within the municipal limits, the prices of land
RFA No. 2385 of 1990 [7]

are certainly high because the Municipal Committee and the
Improvement Trust provide civil amenities to the residents. If
one purchases land for commercial and residential purposes
outside the municipal limits, he has to make his own
arrangement for such amenities. Thus considering the rival
contentions, in my opinion, compensation at the rate of
Rs.60,000/- per acre for the acquired land would meet the ends
of justice. I order accordingly……”

The said approach of the learned Reference Court, to say the

least, is not tenable in law. There is no evidence that the sale instances

relied upon by the landowners are in any way comparable to the land

acquired. In the absence of a finding regarding proximity of the land,

subject matter of sale instances, with the land acquired, the said sale

instances have rightly been not taken into consideration. The Award does

not disclose any basis of determining the market value at Rs.60,000/- per

acre. Therefore, the Award of the Reference Court dated 6.4.1990, and

subject matter of RFA No.1967 of 1990, cannot be said to be legal and

valid. Determination of Rs.60,000/- as market value is on the basis of

conjectures and surmises. The learned Reference Court has not referred to

the earlier Award in respect of the same village announced few days earlier

by the same Presiding Officer and numerous other Awards determining

compensation of Rs.40,000/- per acre.

In respect of acquisition of land in village Aujla, learned

Reference Court has determined market value at the rate of Rs.45,000/- per

acre vide Award dated 13.03.1990. Such Award has been affirmed by this

Court in RFA No. 1447 of 1990 and other connected appeals on November

04, 2008. Since compensation in respect of village Aujla arising out of same

notification and for the same purpose has been determined at the rate of
RFA No. 2385 of 1990 [8]

Rs.45,000/- per acre, therefore, for the sake of parity, the land owners

whose land was acquired along with the land situated in village Aujla are

entitled to same compensation i.e., at the rate of Rs.45,000/- per acre.

Vide notification dated 19.03.1981, the land situated in seven

villages was intended to be acquired for providing bye-pass. Since the land

acquired is contiguous and pertains to almost similar kind of land, therefore,

compensation arrived at in respect of village Aujla can safely be determined

as compensation for the land acquired in all other villages. In view of the

said fact, the appeals filed by the landowners in respect of villages Ram

Nagar, Aujla, Barriar, Gurdaspur and Ghorala are allowed and

compensation determined at the rate of Rs.45,000/- per acre except in

respect of Abadi land measuring 2 Marlas only in village Ghorala for which

compensation has been awarded by the Reference Court at Rs.80,000/- per

acre. Apart from Abadi land, compensation in respect of agricultural land

situated in all villages, subject matter of acquisition in the present appeals

for the purpose of bye-pass, is determined at Rs.45,000/- per acre.

In view of the above, the determination of market value of the

land acquired in village Aujla at the rate of Rs.60,000/- per acre, subject

matter of RFA No. 1967 of 1990, is reduced and compensation is

determined as in other cases i.e. Rs.45,000/- per acre.

As a result of the above discussion, RFA No. 1967 of 1990

filed by the State of Punjab in respect of land situated in village Aujla is

allowed, whereas all other appeals filed by the State of Punjab are

dismissed. The appeals filed by the land owners are allowed except

acquisition pertaining to Abadi land of village Ghorala. The landowners are

entitled to compensation at the rate of Rs.45,000/- per acre. The landowners
RFA No. 2385 of 1990 [9]

are entitled to statutory benefits in terms of the provisions of the amended

Land Acquisition Act, 1894.

November 12, 2009                           ( HEMANT GUPTA )
ks                                               JUDGE

Balwant Singh vs The Punjab State Through The … on 12 November, 2009

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