High Court Punjab-Haryana High Court

The State Of Punjab And Another vs Hardev Singh And Others on 4 November, 2008

Punjab-Haryana High Court
The State Of Punjab And Another vs Hardev Singh And Others on 4 November, 2008
RFA No.1909 of 1991                    1

 In the Punjab and Haryana High Court,at Chandigarh.




             RFA No. 1909 of 1991
             Decided on November 04,2008.




The State of Punjab and another

                                           --- Appellants
             vs.


Hardev Singh and others
                                           ---Respondent

Present: Mr.N.S.Pawar, Addl.Advocate General, Punjab,
for the appellant.

None for the respondents.

Rakesh Kumar Jain,J:

This judgment shall dispose of R.F.A Nos. 1909,1910 and X-

Obj No.43-CI of 1998,1911,1912 and X-Obj No.40-CI of 1998,1913,1914

and X-Obj No. 32-CI of 1998,1915 and X-Obj No.34-CI of 1998,1916 and

X-Obj No.41-CI of 1998,1917 and X-Obj No.36-CI of 1998,1918,1919 and

X-Obj No.38-CI of 1998,1920,1921,1922 and X-Obj No.37-CI of

1998,1923,1924,1925,1926 and X-Obj No.39-CI of 1998,1927 and X-Obj

No.33-CI of 1998,1928 and X-Obj No.44-CI of 1998,1929,1930 and X- Obj

No.35-CI of 1998 and 1931 all of 1991 as the common questions of law and

facts are involved in all these appeals.

RFA No.1909 of 1991 2

Land situated in the revenue estate of village Dadhi,Tehsil and

District Ropar, measuring 24.82 acre was notified under Section 4 of the

Land Acquisition Act,1894 (for short,’the Act’),dated 13.12.1984 followed

by declaration under Section 6 of the Act issued on 24.12.1984, for public

purpose namely, for the construction of SYL. Canal. The Land Acquisition

Collector awarded compensation @ Rs. 27972/- per acre for the acquired

land which was gair-mumkin. Aggrieved with the inadequacy of

compensation, the claimants/landowners filed objections under Section 18

of the Act, which were referred to the Civil Court where the claimants had

prayed for higher compensation. On the other hand, the appellants herein

defended the validity of the award of the Collector and alleged that

compensation awarded is adequate, fair and reasonable and does not call for

further enhancement.

The claimants examined PW-1 Pritam Singh, who tendered sale

deeds Ex.P-1 to P-4 and a copy of the agreement mark A. On the other hand,

the respondents/appellants herein examined Joginder Singh, Kanungo as

RW-1 and tendered sale deeds Exs. R-1,R-2 and Akash-Sajra Ex. R-3.

After appreciating the evidence brought on file, the learned

District Judge, Ropar, vide his award dated 1.4.1991 reassessed the market

value of the acquired land @ Rs. 50,000/- per acre.

The State of Punjab has preferred the aforesaid appeals against

the award of the learned District Judge, Ropar dated 1.4.1991.

Mr.N.S.Pawar, learned Addl. A.G. Punjab, appearing for the

appellant-State has contended that the Court below has committed palpable

error in enhancing the compensation at a higher rate of Rs.50,000/- per acre
RFA No.1909 of 1991 3

as compared to the prevailing market rate.

                 No     body      has     put     in    appearance         on    behalf      of     the

respondents/claimants.

I have heard learned counsel for the appellants-State and have

perused the record with his assistance.

The claimants examined PW-1 Pritam Singh, who deposed that

he is Lamberdar of village Dadhi. Village Hardo Nimoh is at a distance of

4/5 kilometers from his village. There is only Nangal Hydel canal in

between his village and Ropar-Nangal Highway. He deposed that Kiratpur

town is at a distance of about one kilometer from his village Dadhi. He

further deposed that he is the witness to sale deeds Ex. P-1 to P-4. Village

Dadhi falls in District Ropar and village Hardo Nimoh is also in District

Ropar. The land situated in village Hardo Nimoh was also acquired for

construction of SYL canal. He stated that villages Anantpur, Kotli, Pathreri,

kajauli ,Ballan etc. fall in Ropar District and the department had awarded

the compensation for the land acquired in these villages @ not less than

Rs.1,00,000/- per acre. He also deposed that there was an agreement with

the Chief Minister,Punjab and the claimants. Besides the oral evidence, the

claimants have tendered sale deeds Exs. P-1 to P-4 which are tabulated

below:-

– – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
Ex. Village Area Date of sale Consideration Average price
P-1 Dodhi 10marlas 11.9.1985 Rs.5000/- Rs.80,000/-per acre
P-2 Hardo 4marlas 20.1.986 Rs.10000/- Rs.4,00,000/-per acre
Nimoh
P-3 do- 4marlas 22.11.1985 Rs.11500/- Rs.4,60,000/- per acre
P-4 do- 6marlas 14.5.1986 Rs.16800/- Rs.4,48,000/- per acre

– – – – – – – – – – – – – – – – – – – – – – – – — – – – – – – – – – — – – – – – – – – – – – – – – – –

The learned Civil Court had observed that the aforesaid sale
RFA No.1909 of 1991 4

deeds cannot be taken into consideration because the sale has taken place

after issuance of notification under Section 4 and declaration under Section

6 of the Act. However, acquisition is of 13.12.1984, whereas Ex P-1 is the

sale deed dated 11.9.1985 of village Dadhi, by which the land has been sold

for Rs.80,000/- per acre which shows upward trend. Even Exs.P-2 to P-4

which are sale deeds of village Hardo Nimoh, adjacent to village Dadhi,

wherein also rising trend is shown because the land has been sold towards

the close of the year 1985 and beginning of the year 1986 for over more

than Rs. 4,00,000/- per acre. Therefore, in these circumstances, the Court

had found that since the land in question of village Dadhi is on the Ropar

Nangal road and is near Kiratpur town. Therefore, the amount of Rs.50000/-

per acre has been awarded over and above the compensation of Rs. 27972/-

per acre assessed by the Collector, which in my view, is just and adequate in

the facts and circumstances of the present case.

So far as the sale instances Exs. R-1 and R-2 are concerned, the

same cannot be taken into consideration simply for the reason that average

price per acre in respect of sale instance Ex.R-1 comes to Rs. 6400/- per

acre and the average price in respect of sale instance Ex.R-2 comes to

Rs.3600/- per acre, which is much less than the award of the Collector

assessed @ Rs.27972/- per acre.

No one chose to appear for land-owners to argue the cross

objections.

In view of the totality of facts and circumstances, I do not find

any substances in the arguments raised by learned counsel for the

appellants-State that the compensation of Rs.50,000/- per acre is on higher
RFA No.1909 of 1991 5

side. Therefore, the present appeals being meritless as well as the cross

objections which are devoid of any merit, are hereby dismissed without any

order as to costs.

November 04,2008                                         (Rakesh Kumar
Jain)RR                                                          Judge