R.F.A. No. 272 of 1991 [ 1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: December 02 , 2008
(1) R.F.A. No. 272 of 1991
Mulakh Raj (deceased) through LR
.. Appellants
v.
State of Punjab and others
.. Respondents
(1) R.F.A. No. 1447 of 1991
Land Acquisition Collector
.. Appellant
v.
Mulakh Raj (deceased) through LR and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Manjit Singh, Advocate for the land owners.
Mr. O.P. Dabla, Assistant Advocate General, Punjab
for the State.
Rajesh Bindal J.
This order will dispose of above mentioned two appeals, as the same
arise out of a common acquisition.
R.F.A. No. 272 of 1991 has been filed by the land owners seeking
further enhancement of compensation for the acquired land.
R.F.A. No. 1447 of 1991 has been filed by the Land Acquisition
Collector seeking reduction of compensation awarded by the learned court below
to the land owners.
The facts have been noticed from R.F.A. No. 272 of 1991.
Briefly, the facts are that land measuring 4 bighas, 2 biswas and 6
biswansis, situated in Village Sekhewal, Tehsil and District Ludhiana was
acquired vide notification dated 29.4.1987, issued under Section 4 of the Land
Acquisition Act, 1894 (for short, `the Act’) for construction of 66 KVA Sub
R.F.A. No. 272 of 1991 [ 2]
Station Noorwal for Punjab State Electricity Board. The Land Acquisition
Collector (for short, `the Collector’) determined the market value of the acquired
land @ Rs. 49.17 per square yard. Aggrieved against the same, the land owners
filed objections which were referred to District Judge, Ludhiana, who keeping in
view the material placed on record by the parties, determined the market value of
the acquired land @ Rs. 100/- per square yard.
Learned counsel for the land owners submitted that the learned
Reference Court has totally failed to appreciate the location and potential of the
land in dispute which was situated within the limits of Municipal Corporation,
Ludhiana located just 75 karams from Jalandhar bye-pass on National Highway
No. 1. The area in the vicinity had already been developed. The land was abutting
the metalled link road going to Village Kokowal. Octroi Post of the Corporation
was one kilometer beyond the acquired land. There were other shops and factories
situated nearby. The land had great future potential for being used as residential
and commercial purposes. The submission is that the value of the land dealt with
in sale deed (Ex. A2) way back in 1982 was Rs. 150/- per square yard, whereas in
sale deeds (Ex. A5 and Ex. A6), the same was Rs. 201/- per square yard and Rs.
198/- per square yard respectively. In sale deed (Ex. A3), which was registered on
27.10.1986, a plot of 180 square yards was sold for a consideration of Rs. 4,000/-,
i.e., Rs. 222/- per square yard. Even in sale deed (Ex. A4), which was registered on
4.12.1986, nearly 5 months prior to the date of acquisition, the value of the land
dealt with therein was Rs. 162/- per square yard. Relying upon the aforesaid sale
deeds, the submission is that the land was within the municipal limits and the area
had already been developed. Further the acquired land was also merely 4 bighas 2
biswas and 6 biswansis, not a very big chunk of land, the sale deeds produced by
the land owners should be relied upon as such without applying any cut thereon.
On the other hand, learned counsel for the State submitted that the
learned court below had awarded compensation much more than what was
required to be assessed. In fact, the sale deeds produced by the State showing the
value in the vicinity at Rs. 32/- to Rs. 50/- per square yard had not been considered
at all. If the same are considered, the value, as assessed by the learned court below,
deserves to be decreased instead of increase therein. However, he could not
dispute the fact that none of the land pertaining to the aforesaid sale deeds
produced by the State have been located on any of the site plans produced by them
to show the location and the value thereof vis-a-vis the acquired land.
Heard learned counsel for the parties and perused the relevant
referred record.
R.F.A. No. 272 of 1991 [ 3]
As far as the acquired land is concerned, the location thereof is not
disputed. As submitted by learned counsel for the land owners and also noticed by
the learned court below, Ludhiana is a fast industrial developing city. The land in
question falls quite close to Jalandhar bye-pass on National Highway No.1. As is
evident from the site plan (Ex. A1) on record, the area in the vicinity was
developed with residential and commercial establishments. It had great potential
for being urbanised.
Now coming to the sale deeds produced by the parties, in my
opinion, sale deed (Ex. A2) cannot be considered at all as the same is pertaining to
the year 1982. Similarly, sale deeds (Ex. A5 and Ex. A6) also have to be ignored as
the same were registered more than a year after the date of acquisition. The land
pertaining to sale deed (Ex. A3) is not located on the site plan produced by the
land owners. Similar is the position with regard to sale deeds (Ex. R1 to Ex. R3)
produced by the State. Even the land pertaining thereto has also not been located
on any site plan produced on record to show its value vis-a-vis the acquired land.
In the end, we are left with only sale deed (Ex. A4) which is dated 4.12.1986,
whereby a plot of 245-2/3 square yards was sold @ Rs. 162/- per square yard for a
total consideration of Rs. 40,000/-. As is noticed by the learned Reference Court,
the sale deed was not pertaining to the land only as there was super structure as
well which consisted of a room and boundary wall. On that account, the learned
court below deducted a sum of Rs. 10,000/- out of Rs. 40,000/- and taking the
value of the plot of 245-2/3 square yards at Rs. 30,000/-, the value per square yard
was determined at Rs. 122.50 per square yard and thereafter deducting another
sum of Rs. 22.50 therefrom, the value of the acquired land was determined at Rs.
100/- per square yard. In my considered opinion, keeping in view the location, the
sale deeds produced even for the period after the acquisition showing regular
appreciation and estimate, deduction on account of construction in the plot and
also the fact that in the area near the acquired land, houses and other commercial
establishments were already existing and further even the Octroi Post of the
Corporation was located one kilometer away from the acquired land and National
Highway No.1 being only 75 karams therefrom, a cut of Rs. 22.50 would not be
reasonable as within the municipal limits, the land is always sold in small plots and
even the acquired land is also not very big piece of land.
Accordingly, in my opinion, a cut of Rs. 12.50 would be justifiable
as even no detail of construction available on the plot was pointed to assess its
value at Rs. 10,000/-. The value of the acquired land is determined at Rs. 110/- per
square yard. The land owners shall also be entitled to all statutory benefits
R.F.A. No. 272 of 1991 [ 4]
available under the Act.
The appeals are disposed of in the above terms.
(Rajesh Bindal)
Judge
December 02 , 2008
mk