High Court Punjab-Haryana High Court

Gurnam Singh vs State Of Haryana And Another on 5 November, 2009

Punjab-Haryana High Court
Gurnam Singh vs State Of Haryana And Another on 5 November, 2009
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