RFA No. 2343 of 1993 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. RFA No. 2343 of 1993
Date of decision:- 30.10.2008
Hari Chand and others ...Appellants.
Versus
The State of Haryana and another ...Respondents.
2. R.F.A. No. 2178 of 1993
Bishan Singh and another ….. Appellants
Versus
State of Haryana and another ….. Respondents
3. R.F.A. No. 2203 of 1993
Hari Chand ….. Appellant
Versus
State of Haryana and another ….. Respondents
4. R.F.A. No. 2204 of 1993
Vijay Paul ….. Appellant
Versus
State of Haryana and another ….. Respondents
5. R.F.A. No. 2217 of 1993
Kartara & others ….. Appellants
Versus
State of Haryana and another ….. Respondents
6. R.F.A. No. 2339 of 1993
Makhni (deceased) through LRs & others ….. Appellants
Versus
State of Haryana and another ….. Respondents
7. R.F.A. No. 2340 of 1993
Jagmal Singh & another ….. Appellants
Versus
State of Haryana and another ….. Respondents
8. R.F.A. No. 2341 of 1993
Makhni (deceased) through LRs & others ….. Appellants
Versus
State of Haryana and others ….. Respondents
RFA No. 2343 of 1993 2
9. R.F.A. No. 2342 of 1993
Om Parkash & others ….. Appellants
Versus
State of Haryana and another ….. Respondents
10. R.F.A. No. 2668 of 1993 (O&M)
Ram Parshad (deceased) through LRs and others ….. Appellants
Versus
State of Haryana and another ….. Respondents
11. R.F.A. No. 2669 of 1993 (O&M)
Fateh Singh and others ….. Appellants
Versus
State of Haryana and another ….. Respondents
12. R.F.A. No. 2670 of 1993 (O&M)
Gaje Singh (deceased) through LRs and others ….. Appellants
Versus
State of Haryana and another ….. Respondents
13. R.F.A. No. 3421 of 1993 (O&M)
Atmi ….. Appellant
Versus
State of Haryana and another ….. Respondents
14.. R.F.A. No. 3422 of 1993 (O&M)
Ranjit ….. Appellant
Versus
State of Haryana and another ….. Respondents
15. R.F.A. No. 3423 of 1993 (O&M)
Rattan Singh (deceased) through LRs and others ….. Appellants
Versus
State of Haryana and another ….. Respondents
16. R.F.A. No. 3424 of 1993 (O&M)
Piare Lal and another ….. Appellants
Versus
State of Haryana and another ….. Respondents
17. R.F.A. No. 3637 of 1993 (O&M)
Kanshi Ram (deceased) through L.Rs and another ….. Appellants
Versus
State of Haryana and another ….. Respondents
CORAM: HON’BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. P.C. Dhiman, Advocate
for the appellants.
RFA No. 2343 of 1993 3
(In RFA Nos. 2343,2178, 2203, 2217, 2339, 2341,2342 of
1993)
Mr. Madan Pal, Advocate for
Mr. Prem Chand Chaudhary, Advocate
(In RFA Nos. 3421 to 3424, 2668, 3637 of 1993)
Mr. Pritam Saini, Advocate
(In RFA No. 2669 and 2670 of 1993)
Mr. Lokesh Sinhal, AAG, Haryana.
RAJESH BINDAL J.
This order will dispose of bunch of appeals bearing RFA Nos.
2343, 2178, 2203, 2204, 2217, 2339, 2340, 2341, 2342, 2668 to 2670, 3421
to 3424 and 3637 of 1993 as the same arise out of a common acquisition.
Briefly the facts are that the State of Haryana acquired land
measuring 32.63 acres situated in Revenue Estate of village Bhambauli,
Hadbast No. 435 Tehsil Jagadhri District Yamuna Nagar for the purpose of
construction of 400 K.V. Sub Station Bhambauli (Yamuna Nagar) by
notification dated 26.12.1989 issued under Section 4 of the Land
Acquisition Act, 1894 (for short the Act). The Land Acquisition Collector
determined the value of the acquired land at Rs. 75,000/- per acre.
Dissatisfied with the award, the land owners filed objections which were
referred to the learned Court below for consideration. On the basis of the
material placed on record by the parties, learned Court below determined
the value of the acquired land on Rs. 1,03,234/- per acre. It is against this
award that the land owners are in appeal before this Court.
Learned counsel for the land owners submitted that the basis
adopted by the learned Court below for determination of the value of the
acquired land is not in conformity with the settled principles of law. The
sale deeds produced by the State showing the value of the land which was
RFA No. 2343 of 1993 4
less than the award of the learned Collector could not have been considered
as such. The most relevant piece of evidence in the form of sale deed Ex.
P6 dated 16.8.1989 which was part of the acquired land has not been given
its due weight. Genuineness of this sale deed was not disputed. It is further
submitted that if the average of sale deed Ex. P6 is taken the same come out
Rs. 1,90,000/- per acre and if a cut of 20% is applied, the value of the
acquired land would come out Rs. 1,55,000/- per acre. In addition to this
another sale deed relied upon by the land owners is Ex. P7 dated 16.8.1989
vide which 2 Kanals 10 marlas of land was sold at an average rate of Rs.
2,00,000/- per acre, this piece of land is also located just in the vicinity of
the acquired land. It is further submitted that the acquired land had
potential of urbanization as the same is situated at main Ambala-Jagadhri
road near the Abadi of the village. Reliance has been placed on judgment of
this Court in Nelson Fernandes and others versus Special Land
Acquisition Officers, South Goa and others 2007 (2) RCR (Civil) 509 to
submit that at the most a cut of 20% should be imposed keeping in view the
fact that the sale transactions relied upon by the land owners in the present
case are of 3 kanals and 2 kanals and 10 marlas, (Exs. P6 and P7),
respectively.
In response of the contentions by learned counsel for the
landowners, the learned Additional Advocate General, Haryana submitted
that as against the sale deeds produced by the land owners one of which is
part of the acquired land and another is located in the vicinity thereof, the
State had also produced sale deed dated 15.12.1989, Ex. R-3, vide which
1 kanal 10 marlas of land forming part of the acquired land was sold at
average of Rs. 64,000/- per acre. Relying thereon, the submission is that
RFA No. 2343 of 1993 5
this sale deed is also material piece of evidence, the land forming part
therein having been acquired by the same notification. The award of the
learned Court below is much more than the average value of land in the
aforesaid sale deed Ex. R-3, accordingly, no further enhancement in the
value of the land is possible.
Heard, learned counsel for the parties and perused the record.
A perusal of the record shows that the sale deed Ex. P6 vide
which 3 kanals of land was sold for Rs. 71,250/- at an average price of Rs.
1,90,000/- per acre is part of the acquired land which is located almost on
the other end of the land, the boundary of which abuts the main Ambala-
Jagadhri road. The land forming part of Ex. P-7 is located nearby the
acquired land. As far as the sale deed relied upon by the State is concerned,
a perusal thereof shows that an area of 1 Kanal 10 marlas was sold for a sum
of Rs. 12,000/-. A perusal of the sale deed, Ex. R-3, and the site plan Ex. R-
6 on record shows that it is 1/20th share in a large chunk of property located
at two places, which has been sold. Part of the property out of which the
share has been sold is forming part of the acquired land whereas some part
is located in the vicinity thereof whereas another part of the chunk out of the
share has been sold is located at far off place. Keeping this factor in view, I
do not find it to be an appropriate piece of evidence which can be relied
upon for determination of fair value of land in the present case as a small
piece of 1 kanal and 10 marlas of land was purchased that too in a small
proportion of share with other co-sharers therein and located at two
different far off places.
In my considered opinion, the sale deed Ex. P6 is the best piece
of evidence which can be considered for the purpose of determination of
RFA No. 2343 of 1993 6
fair value of land in the present case. The area dealt with therein is 3 kanals
the average value per acre is Rs. 1,90,000/-. Considering the fact that this
part of the land is located far off from the main road in the large chunk of
acquired land which abuts the main Ambala-Jagadhri road. In my opinion,
application of a cut of 30% keeping in view the smallness of the plot would
be appropriate. Accordingly, reducing a sum of Rs. 57,000/- the value of
the acquired land is determined at Rs. 1,33,000/- per acre. As far as the land
abutting the main road is concerned, up to the depth of one acre from the
main Ambala-Jagadhri road the land owners therein shall be entitled to an
additional sum of 10% i.e. Rs. 13,300/- per acre making it a total of Rs.
1,46,300/- per acre as compensation. The appellants/land owners shall also
be entitled to all other statutory benefits as are available under the Act.
For the reasons stated above, the appeals are allowed.
October 30 , 2008 (RAJESH BINDAL) ritu-II JUDGE