CASE NO.: Appeal (civil) 3890-3891 of 1999 PETITIONER: The State of Punjab RESPONDENT: Harchal Singh (Dead) through LRs. DATE OF JUDGMENT: 23/05/2006 BENCH: Dr. AR. Lakshmanan & Lokeshwar Singh Panta JUDGMENT:
J U D G M E N T
Dr. AR. Lakshmanan, J.
Heard Mr. H.M. Singh, learned counsel for the appellant and
Mr. Nikhil Goel, learned counsel for the respondent. The matter
relates to the acquisition of the land owned by the respondent for
public purpose. Notification under section 4 of the Land
Acquisition Act was issued on 4.2.1981 for the acquisition of the
land in question situate in village Kambali, Tehsil Kharar, District
Ropar for the purpose of expansion of Industrial Focal Point
Mohali. The Land Acquisition Officer by its award dated
22.12.1983 awarded a sum of Rs.85,000/- per acre for Chahi land.
We are concerned only with Chahi land in these appeals and not
other lands. On 2.9.1986, the District Judge maintained the award
of Rs.85,000/- per acre as regards Chahi land was concerned.
The matter was taken up on appeal by the State of Punjab. The
respondent claimant also filed an appeal. Both the appeals were
disposed of by the High Court by a common judgment on
18.1.1989. The High Court awarded the compensation at
Rs.1,75,000/-
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vvvich day, this Court also set aside the abatement.
These appeals are now listed before this Bench for final
disposal. We have perused the award passed by the Land
Acquisition Officer and order passed by the District Judge and the
common Judgment rendered by the High Court. The High Court
on a consideration of the exhibits filed and marked before it and
the oral evidence came to the conclusion that “phase nos. X and XI
of Urban Estate Mohali have come up in the land of village
Kambali earlier and the claimant’s land is at a distance of three
killas from phase XI and the situation of the acquired land
admittedly is quite close to the area already under development of
the Urban Estate”. In the instant case, the very purpose for
acquisition of this land is for expansion of the Industrial Focal
Point, which itself implies that the acquired land of the claimant
was fit for industrial purposes or expansion of similar kind of
construction etc. The Land Acquisition Collector also considered
potentiality and assessed the land which was recorded as “Chahi”
in the revenue record at the rate of Rs.85,000/- per acre.
According to the claimant, his land was irrigated by the sewerage
drain. This fact further stood confirmed from the award of the
Collector in which it is mentioned that the land is extremely fertile
being irrigated by “Ganda Nala”and is in a level shape. P.W.1 in
his evidence has stated that in phase X in Mohali plot no.2330
was sold in auction for Rs.2,31,000/- and this plot measured 507
sq. yds. Another plot in phase IX was sold for Rs.25,998/- which
was of 407 sq. yds. However, these plots were sold on 27.3.1982
much after the notification regarding the acquisition of the land of
the claimants. These plots were sold in a fully developed area and
the price was to be paid by the purchasers in instalments. P.W.2
Hardev Singh states in his own evidence that phase nos. X and IX
are a part of vilalge Kambali and claimants’ land is at a distance of
three killas from phase IX. In his cross-examination, he admitted
that there was brick kiln very close to the acquired land and
admitted that there was no house existing in between the acquired
land and phase IX. The learned Single Judge also relied upon the
evidence rendered by these witnesses. The High Court has now
awarded a sum of Rs.1,75,000/- per acre taking into consideration
of the sale dated 12.1.1978 of a land of 407 sq. yds. The sale
price for the said land was Rs.23,635/- and the price per acre
comes to Rs.2,81,000/-. The High Court taking consideration the
sale transaction in phase IX pertaining to 407 sq. yds. for
Rs.23,635/- and that it was in a developed colony reduced the
compensation amount from Rs.2,81,065/- per acre to Rs.1,40,532-
50 per acre. The High Court has applied 50 per cent cut keeping
in view all the submissions of the learned counsel for the State
that the High Court should not grant the same amount of
compensation for the acquired land because the sale transaction,
which the High Court took into consideration, related to a very
small size of plot and that too in a developed colony. The High
Court keeping in view of the long period, awarded a further
enhancement of Rs.35,000/- per acre, which according to the High
Court would meet the ends of justice. In other words, the
compensation payable could be rounded off to Rs.1,75,000/- per
acre of the acquired land. The High Court was of the view that on
the ground of high potentiality of the acquired land, the
compensation now awarded could not be said to be on the higher
side.
In our opinion, the reasons given by the High Court in fixing
the compensation at Rs.1,75,000/- per acre is cogent and
convincing. The compensation awarded at Rs.1,75,000/- per acre
cannot at all be characterised as excessive or on the high side as
argued by the learned counsel for the State. Since the High Court
has awarded the compensation at Rs.1,75,000/- per acre in the
peculiar facts and circumstances of the case, we do not propose to
interfere with the said award. This apart, aforesaid 4(1)
Notification was issued in the year 1981 and the special leave
petitions were filed in this Court in the year 1989 and the leave
was granted in the year 1999 and the appeal is being disposed off
now in the year 2006, which is only due to “Laws Delays” and that
the delay is not attributable to any one.
We, therefore, have no other option except to dismiss the
appeal. We also make it clear that the claimant shall also be
entitled to all other statutory benefits under the amended
provisions of the Land Acquisition Act as contained in Sections
23(1A), 23(2) and 28 of the Act. The High Court has also awarded
cost of the appeal to the claimants. We affirm the same.
The Government having acquired the land in the year 1981,
at least now pay the compensation and other benefits within three
months from this date to the claimants.
In our opinion, there is absolutely no warrant for interference
with the order passed by the High Court fixing the compensation at
Rs.1,75,000/- per acre. The appeals accordingly stand dismissed.
There shall be no orders as to costs.