R. F. A. No. 1535 of 1991 1
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 10.11.2008
1. R. F. A. No. 1535 of 1991
Jaswant Kaur (deceased) through LRs. and others .... Appellants
vs
The State of Punjab and another ..... Respondents
2. R. F. A. No. 274 of 1991
Shealinder Kumar and another .... Appellants
vs
State of Punjab and another ..... Respondents
3. R. F. A. No. 361 of 1991
Shealinder Kumar and another .... Appellants
vs
State of Punjab and another ..... Respondents
4. R. F. A. No. 362 of 1991
Shalin Kaintal and others .... Appellants
vs
State of Punjab and another ..... Respondents
5. R. F. A. No. 363 of 1991
Shealinder Kumar ..... Appellant
vs
State of Punjab and another .....Respondents
6. R. F. A. No. 432 of 1991
Shiv Ram (deceased) through LRs. .... Appellant
vs
State of Punjab and another ....Respondents
7. R. F. A. No. 891 of 1991
State of Punjab and another ..... Appellants
vs
Shalinder Kumar and another ..... Respondents
8. R. F. A. No. 892 of 1991
State of Punjab and another ..... Appellants
vs
Shiv Ram (deceased) through LRs. ..... Respondent
R. F. A. No. 1535 of 1991 2
9. R. F. A. No. 959 of 1991
State of Punjab etc. ..... Appellants
vs
Shealinder Kumar and another ..... Respondents
10. R. F. A. No. 960 of 1991
State of Punjab and another ..... Appellants
vs
Shealinder Kumar ..... Respondent
11. R. F. A. No. 1197 of 1991
Cross-objection No. 12/CI of 2003
State of Punjab and another ..... Appellants
vs
Sadhu Ram (deceased) through LRs. ..... Respondent
12. R. F. A. No. 1198 of 1991
State of Punjab and another ..... Appellants
vs
Gurbhag Singh and others ..... Respondents
13. R. F. A. No. 1199 of 1991
State of Punjab ..... Appellant
vs
Jaswant Kaur .....Respondent
14. R. F. A. No. 1200 of 1991
State of Punjab and another ..... Appellants
vs
Jaspal Inder Singh and another .....Respondents
15. R. F. A. No. 1201 of 1991
State of Punjab and another ..... Appellants
vs
Harkiran Kaur etc. .....Respondents
16. R. F. A. No. 1202 of 1991
State of Punjab and another ..... Appellants
vs
Kamla Devi and others .....Respondents
R. F. A. No. 1535 of 1991 3
17. R. F. A. No. 1203 of 1991
Cross objection no.74 ci of 2000
State of Punjab and another ..... Appellants
vs
Tara Chand (deceased) through LRs. and another ....Respondents
18. R. F. A. No. 1204 of 1991
State of Punjab and another ..... Appellants
vs
Jaswant Kaur .....Respondent
19. R. F. A. No. 1205 of 1991
State of Punjab and another ..... Appellants
vs
Kamla Devi .....Respondent
20. R. F. A. No. 1206 of 1991
State of Punjab and another ..... Appellants
vs
Tripat Kaur .....Respondent
21. R. F. A. No. 1207 of 1991
State of Punjab and another ..... Appellants
vs
Hamir Kaur .....Respondent
22. R. F. A. No. 1208 of 1991
State of Punjab and another ..... Appellants
vs
Gian Chand .....Respondent
23. R. F. A. No. 1209 of 1991
State of Punjab and another ..... Appellants
vs
Gurbag Singh .....Respondent
24. R. F. A. No. 1210 of 1991
State of Punjab and another ..... Appellants
vs
Jaswant Singh and another .....Respondents
R. F. A. No. 1535 of 1991 4
25. R. F. A. No. 1438 of 1991
Jaswant Singh and another ..... Appellants
vs
State of Punjab and another .....Respondents
26. R. F. A. No. 1440 of 1991
Smt. Tripat Kaur ..... Appellant
vs
State of Punjab etc. .....Respondents
27. R. F. A. No. 1481 of 1991
Jaspalinder singh and another ..... Appellants
vs
State of Punjab .....Respondent
28. R. F. A. No. 1482 of 1991
Harkiran Kaur and others ..... Appellants
vs
State of Punjab and another .....Respondents
29. R. F. A. No. 1533 of 1991
Jaswant Kaur ..... Appellant
vs
State of Punjab and others .....Respondents
30. R. F. A. No. 1534 of 1991
Smt. Hamir Kaur ..... Appellant
vs
State of Punjab and others .....Respondents
31. R. F. A. No. 1989 of 1991
Narinder Kumar and others ..... Appellants
vs
State of Punjab and others .....Respondents
32. R. F. A. No. 1990 of 1991
Narinder Kumar and others ..... Appellants
vs
State of Punjab and another .....Respondents
R. F. A. No. 1535 of 1991 5
33. R. F. A. No. 2035 of 1991
Smt. Kamlesh Kumari and others ..... Appellants
vs
State of Punjab and another .....Respondents
34. R. F. A. No. 2223 of 1991
Gurbhag Singh ..... Appellant
vs
State of Punjab and another .....Respondents
35. R. F. A. No. 2224 of 1991
Gurbhag Singh and others ..... Appellants
vs
State of Punjab and another .....Respondents
36. R. F. A. No. 2526 of 1992
Resham kaur ..... Appellant
vs
State of Punjab and another .....Respondents
37. R. F. A. No. 445 of 1990
Gurdial Kaur and another ... Appellants
vs
The State of Punjab and another ... Respondents
38. R. F. A. No. 446 of 1990
Roop Singh through LRs. ... Appellant
vs
State of Punjab and another ... Respondents
39. R. F. A. No. 447 of 1990
Naurang Singh ... Appellant
vs
State of Punjab and another ... Respondents
40. R. F. A. No. 449 of 1990
Jarnail Singh and another ... Appellants
vs
The State of Punjab and another ... Respondents
R. F. A. No. 1535 of 1991 6
41. R. F. A. No. 1097 of 1990
Gram Panchayat ... Appellant
vs
State of Punjab and another ... Respondents
42. R. F. A. No. 1342 of 1990
The State of Punjab and another ... Appellants
vs
Mukhtiar Singh and others ... Respondents
43. R. F. A. No. 1345 of 1990
The State of Punjab and another ... Appellants
vs
Gram Panchayat ... Respondent
44. R. F. A. No. 1346 of 1990
The State of Punjab and another ... Appellants
vs
Gurmel Singh and others ... Respondents
45. R. F. A. No. 1347 of 1990
Bahadur Singh and another ... Appellants
vs
State of Punjab and another ... Respondents
46. R. F. A. No. 1348 of 1990
Gurmail Singh through LRs. and others ... Appellants
vs
State of Punjab and another ... Respondents
47. R. F. A. No. 1349 of 1990
Mukhtiar Singh and others ... Appellants
vs
State of Punjab and another ... Respondents
48. R. F. A. No. 1355 of 1990
The State of Punjab and another ... Appellants
vs
Dera Baba Ramji Dass ... Respondent
R. F. A. No. 1535 of 1991 7
49. R. F. A. No. 1356 of 1990
The State of Punjab and another ... Appellants
vs
Gurdial Kaur and another ... Respondents
50. R. F. A. No. 1357 of 1990
The State of Punjab and another ... Appellants
vs
Roop Singh ... Respondent
51. R. F. A. No. 1358 of 1990
The State of Punjab and another ... Appellants
vs
Naurang Singh ... Respondent
52. R. F. A. No. 1359 of 1990
The State of Punjab and another ... Appellants
vs
Hamir Singh (deceased) through LRs. ... Respondent
53. R. F. A. No. 1361 of 1990
The State of Punjab and another ... Appellants
vs
Jarnail Singh and another ... Respondents
54. R. F. A. No. 1384 of 1990
The State of Punjab and another ... Appellants
vs
Bahadur Singh and others ... Respondents
55. R. F. A. No. 1665 of 1990
Nachhattar Kaur and others .... Appellants
vs
The State of Punjab and another ... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Arun Palli, Senior Advocate with
Mr. Sunil Garg, Advocate, for the landowners.
Mr. R. K. Aggarwal and Mr. Vishal Aggarwal, Advocates,
for the landowners.
Mr. R. K. Battas, Advocate, for the landowners in
R. F. A. Nos. 1198, 1269, 2223 and 2224 of 1991.
R. F. A. No. 1535 of 1991 8
Mr. O. P. Dabla, Assistant Advocate General, Punjab.
Rajesh Bindal J.
This order shall dispose of Regular First Appeal Nos. 445, 446,
447, 449, 1097, 1342, 1345, 1346, 1347, 1348, 1349, 1355, 1356, 1357,
1358, 1359, 1361, 1384, and 1665 of 1990 for the acquisition of land of
Village Chaura, Tehsil and District Patiala, vide Notification dated
22.3.1981, and Regular First Appeal Nos. 274, 361, 362, 363, 432, 891,
892, 959, 960, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205,
1206, 1207, 1208, 1209, 1210, 1438, 1440, 1481, 1482, 1533, 1534, 1535,
1989, 1990, 2035, 2223, 2224, and 2526 of 1991 for the acquisition of land
of Village Ghalori, Tehsil and District Patiala, vide notification dated
23.2.1981. R. F. A. Nos. 1342, 1345, 1346, 1355, 1356, 1357, 1358, 1359,
1361, and 1384 of 1990 and R. F. A. Nos. 891, 892, 959, 960, 1197, 1198,
1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209 and
1210 1991, filed by the State for reduction in compensation. The remaining
appeals have been filed by the landowners for enhancement of
compensation.
The facts have been extracted from R. F. A. No. 1535 of 1991.
As the object of both the acquisitions is same i.e. construction of Patiala
Bye Pass and the acquisitions are also very close and further the land is
situated in the vicinity, the cases of both the notifications are taken upt
together and disposed of by a common order.
Facts
for the acquisition of Village Chaura.
Briefly, the facts are that vide Notification dated 22.3.1981,
issued under Section 4 of the Land Acquisition Act, 1894 (for short, “the
Act”), the land situated in the revenue estate of Village Chaura, Tehsil and
District Patiala, was acquired for construction of Patiala Bye Pass. The
award was announced by the Collector on 22.9.1986, granting
compensation @ of Rs. 80,000/- per acre in Block-B and Rs. 70,000/- per
acre in Block-C. On reference, the learned Additional District Judge vide
judgment dated 22.11.1989, determined the value of the land at Rs.
1,16,000/- per acre for Block-B and Rs. 1,00,000/- for Block-C.
Facts for the acquisition of Village Ghalori.
Briefly, the facts are that vide Notification dated 23.2.1981,
issued under Section 4 of the Land Acquisition Act, 1894 (for short, “the
R. F. A. No. 1535 of 1991 9
Act”), the land situated in the Village Ghalori, Tehsil and District Patiala,
was acquired for construction of Patiala Bye Pass. On reference under
Section 18 of the Act, the learned Additional District Judge vide judgment
dated 4.1.1991, determined the value of the land at Rs. 1,60,000/- per acre
except in Land Reference “Jaswant Kaur vs State” where the value of the
acquired land was determined at Rs. 1,50,000/- per acre.
Learned counsel for the landowners submitted that the learned
court below has failed to consider the material placed on record by the
landowners in its true perspective. The location, the future potentiality of
the land and also the fact that there was great pressure for urbanisation in
the vicinity had not been considered. Bye pass which originated from
Rajpura-Patiala Road just after crossing developed urban estate on both
sides of the Rajpura-Patiala Road, joined at Sangrur Road at 9 kilometers
mile stone, after crossing the Cantonment area. The land under acquisition
pertaining to villages Villages Chaura and Ghalori is located just very close
to the main city and the area between the City and the Punjabi University,
was already developed at a fast speed. There was a road leading to Sanaur
town from the city which was further connecting to the proposed bye-pass
road for which the land was acquired.
As far as the land pertaining to Village Chaura is concerned,
the land close to the bye-pass had already been developed and Urban Estate
Phase-II carved out therefrom which is in existence since 1975. As far as the
land pertaining to Village Chaura is concerned, there was a lot of
development for the reason that two roads were passing through the area.
One leading from Patiala to Delhi via Bhunerheri and another leading to
Snaur Town. Both these roads crossed the proposed bye-pass for which the
land in question was acquired. The area close to the acquired land had
already been developed. There was a grain market, industries, brick kilns,
milk collection centres which had been existing prior to the acquisition of
the land, which clearly establishes that there was a great pressure of
urbanisation on the land which had great future potential. The land in
question was situated just outside the municipal boundary of the Patiala
city.
As far as the evidence on the record pertaining to acquisition of
land of Village Ghalori is concerned, learned counsel for the appellants in
R. F. A. No. 1535 of 1991 10
the set of appeals relied upon agreement to sell Ex. P-6 and P-7 dated
30.1.1981 and 29.1.1981 where the land measuring 2 kanals and 1 kanal 7
marlas was agreed to be sold at an average price of Rs. 2 lacs and Rs.
5,34,600/- per acre, respectively. The submission was that even agreements
to sell can also be taken into consideration for determination of fair value of
land in case the genuineness thereof is not doubted and in the present case
the State did not doubt it.
Learned counsel submitted that additional argument in R. F. A.
No. 432 of 1991 is regarding compensation on account of severance. His
submission is that the learned court below has granted 25% compensation
on account of severance. The land of the landowner in that case was
bifurcated on account of acquisition of land for bye-pass on account of
which he has suffered great loss as the sprinkler system installed by him for
the irrigation of land got disconnected. The landowner has great difficulty in
irrigating the land on the other side of the bye-pass due to bifurcation. The
same could not be put to as good use as it could be had it been big chunk of
land. He further submitted that in other cases where the land has been
bifurcated, the learned court below has granted severance only at a fixed
rate of Rs. 5,000/- per acre which is too less keeping in view the difficulties
faced by those landowners as division of land into two parts certainly
deceases its value and further reduces its utility.
As far as the land pertaining to Village Chaura is concerned,
learned counsel for the landowners referred to Ex. P-5, an earlier judgment
of this court in R. F. A. No. 1039 of 1985 Dr. Parma Nand vs State of
Punjab and others decided on 30.4.1987 whereby for the acquisition of land
vide notifications dated 4.2.1981 and 29.8.1981 pertaining to Villages
Rasoolpur Saidan and Alipur Arian, acquired for the purpose of setting up
of a Diesel Locomotive Components Workshop. The value of the land
acquired vide aforesaid notifications was assessed by this court at Rs.
1,67,000/- per acre. Relying upon the award it was submitted that the
location of the land which was acquired for Diesel Locomotive Components
Workshop was far inferior as compared to the land of the landowners in the
present case as the same was situated outside the municipal boundary near
the railway line and far off from the Rajpura-Patiala road. Even the award of
the Collector in that case was also quite less where the value was assessed
R. F. A. No. 1535 of 1991 11
between Rs. 35,000/- to Rs. 80,000/- per acre for different categories of
locations.
In R. F. A. No. 1533 of 1991, learned counsel for the
landowners submitted that even though in cases the value of the land
acquired was assessed at Rs. 1,67,000/- per acre but in the present case it
was determined at Rs. 1,50,000/- per acre. However, learned counsel for the
landowners was fair enough in submitting that it had come on record that
the land in the present case belonged to brick kiln and its level was quite
low. He further submitted that the value of the acquired land was assessed at
Rs. 1,50,000/- per acre merely for the reason that in the award of the Land
Acquisition Collector, the value was assessed at Rs. 90,000/- per acre as
against Rs. 1,05,000/- per acre for other cases.
On the other hand, learned counsel for the State submitted that
the value of the acquired land as assessed by the learned court below is
quite fair, which has been assessed quite generously. The municipal limits
are about 2 kilometers from the acquired land. Snaur town is situated 6
kilometers away. The area of Village Alipur Arian which was acquired for
the purpose of setting up of a Diesel Locomotive Components Workshop
was already developed when acquired. The sale-deeds as are referred to by
the learned counsel for the landowners, were pertaining to small plots
situated in Urban Estate. There was no pressure for development in the area
as the same was situated at a far off place from the City, as the bye-pass is
always constructed outside the city.
Heard learned counsel for the parties and perused the relevant
record as referred to by the learned counsel for the parties.
A perusal of the site plan Ex. PW2 shows exact location of the
land acquired for Patiala Bye-Pass. It originated from Rajpura-Patiala road,
just crossing the Urban City Phase-I and Phase-II, which is located between
Punjabi University and Patiala City. The first village to which the land
belongs is Village Chaura and then it passes through the land belonging to
Village Ghalori and thereafter crossing through the land of Villages Sulhar,
Bir Kheri Gujran, Sher Majra and Pasiana is connected to Patiala-Sangrur
road at Mile Stone 9 Kilometer. This bye-pass is located on the left side of
Rajpura-Patiala road on the right side after crossing the Urban Estate Phase-
II and Patiala Nadi near the railway line is located the land pertaining to
R. F. A. No. 1535 of 1991 12
Villages Rasoolpur Saidan and Alipur Arian, which was acquired for the
purpose of setting up of a Diesel Locomotive Components Workshop at the
same time, when the land in question was acquired. While passing through
Village Ghalori bye-pass is crossed by two roads leading from Patiala city
to Sanaur town and to Delhi Via Bhunerheri. There were number of
commercial establishments and factories on these two roads besides Anaj
Mandi and proposed Vegetable and Timber market. It was for the reason
that this part was located quite close to the city as just crossing the Patiala
Nadi and the Municipal boundary, residential colonies and commercial
establishments were existing. This court in Dr. Parma Nand’s case (supra),
has already assessed the value of the acquired land therein for setting up of
a Diesel Locomotive Components Workshop at Rs. 1,67,000/- per acre. The
location of that land is on the other side of the road in the periphery of the
Patiala City, outside the municipal boundary. Another fact which is relevant
for the purpose of consideration of fair value of acquired land is Division
Bench judgment of this court in L. P. A. No. 182 of 1992 Sewa Singh and
another vs State of Punjab and another decided on 20.8.1999, where the
issue under consideration was for determination of value of the land
acquired for construction of the same Patiala-Bye Pass vide notification
dated 22.5.1981 pertaining to Village Sher Majra. As noticed above, the
area of Village Sher Majra is located towards the other end of Bye-pass
when it is connected to Patiala-Sangrur Road at 9 Kilometer Mile stone and
behind the Cantonment Area. It is far off from the City. The value therein
was assessed at Rs. 1,05,000/- per acre. The area under acquisition in the
present set of appeals is far more superior and quite close to the City with
connectivity as compared to the land of village Sher Majra where in
between Cantonment Area was there. Considering the aforesaid facts in
view and without going into much details of the various evidence led by the
parties which is in the form of sale-deeds of plots of small measurement and
agreement to sell, in my considered opinion, it would be safe to rely upon an
earlier judgment of this court in Dr. Parma Nand’s case (supra), where the
value of the land in the Periphery of Patiala City almost similarly situated
was assessed at Rs. 1,67,000/- per acre. Accordingly, the value of the
acquired land in the present set of appeals pertaining to Villages Chaura and
Ghalori is assessed at Rs. 1,67,000/- per acre, except in R. F. A. No. 1533 of
R. F. A. No. 1535 of 1991 13
1991, where the land was belonging to a brick kiln and the level of which is
quite low and where the award of the learned court below assessing the
value at Rs. 1,50,000/- is upheld.
As far as the claim of severance in R. F. A. No. 432 of 1991 is
concerned, undisputedly the landowner therein has been granted
compensation on account of difficulty suffered by him for use of his
sprinkler system for irrigation which has been installed in the entire block of
land. The compensation has been assessed at 25% on account of severance.
The claim is to the extent of 50%. But, in my considered opinion, the claim
of severance at the rate of 50% in R. F. A. no. 432 of 1991 in the present
facts and circumstances is not tenable for the reason that construction of
bye-pass where the connectivity of two parts of land of the appellant is not
disturbed as such. He can always cross the other piece of land by just
passing/crossing over the road. For the difficulty, he may be facing in
irrigating or cultivating the land, amount of 25% on account of severance is
sufficient. It is not a case of where some canal is constructed because of
which approach to other part of the land become difficult on account of the
fact that bridges/culverts are provided at some distance and every
landowner has to cross over to other part of the land through the
bridges/culverts which may be at far of places.
As far as the grant of severance to other landowners whose land
has been bifurcated and they have been granted severance at fixed rate of
Rs. 5000/- is concerned, in my opinion, the same deserves some
enhancement keeping in view the difficulty which they may be facing and
on that account 10% of the compensation assessed would be reasonable
amount on account of severance.
For the reasons stated above, the appeals filed by the the State
of Punjab are dismissed and the appeals filed by the claimants/landowners
are allowed in the aforesaid terms. The landowners shall also be entitled to
all statutory benefits as are available under the Act.
10.11.2008 ( Rajesh Bindal) vs. Judge