JUDGMENT
M.L. Singhal, J.
1. In pursuance of Notification No. 2766/D-2 dated 25.2.1977 Under Section 4 of the Land Acquisition Act (Act 1 of 1894) as declared vide Notification No. 3708/D-2 dated 10.3.1977 Under Section 6 thereof, published in the Gazette of Haryana Govt., dated 15.3.1977, and measuring 604 kanals 19 marlas situated in village Daha, Tehsil and District Karnal, was acquired for public purpose namely Extension of Haryana Armed Police, Campus Madhuban, Karnal. Land acquired was of different kinds. It was Chahi, Nehri, Barani Jhur, Gair Mumkin Khal, Gair Murnkin Tube-well, Wells and Makans, Gair Mumkin Rasta, Malkiati, Gair Mumkin Rasta. Land Acquisition Collector gave Award awarding Rs. 10,000/- per acre for Chahi and Nehri Land.. He awarded Rs. 10,000/- per acre for Gair Mumkin Khal, Gair Mumkin Tube-wells, Wells and Makans and Rs. 8,000/- per acre for Barani Land and Rs. 3,200/- per acre for Gair Mumkin Rasta. He awarded no amount for 46 Kanals 4 Marias of Gair Mumkin Rasta Land as it was used as Rasta by the public uninterruptedly as per entries in the revenue records. Not satisfied with the award and the amount of compensation and the justness of the methodology adopted for evaluating the land acquired, land owners sought references Under Section 18 of the Land Acquisition Act, 1894 to the District Judge, Karnal and claimed compensation at higher rate.
2. Additional District Judge, Karnal, disposed of the reference No. 92/4 of 1979 and 102/4 of 1979 vide common judgment dated 20.5.1980, awarding compensation at the rate of Rs. 20,000/- per acre for Nehari and Chahi land and Rs. 11,200/- per acre for barani Land. He awarded solatium and interest on the amount of enhanced compensation.
3. Not satisfied with the amount of compensation awarded by the Additional District Judge, Karnal, vide judgment dated 20.5.1980, Raja Ram and others (land owners) of land Acquisition case No. 92/4 of 1979 came up in appeal to this Court namely R.F.A. No. 1604 of 1980. Likewise, Gugan deceased represented by his legal Representatives in land acquisition Case No. 102/4 of 1979 came up in appeal to this court namely R.F.A. No. 2453 of 1980.
The learned Single Judge disposed of both these appeals by one common judgment recorded in R.F.A. No. 2453 of 1980. He dismissed the appeals so far as the question of enhancement of the valuation of the acquired land was concerned, but allowed benefit of the provisions of Section 23(1-A), 23(b) and 28 of the Land Acquisition Act incorporated by amendment Act No. 68 of 1984.
Still not satisfied, Raja Ram and others have filed this L.P.A. No. 510/1989 under Clause X of Letters Patent. Similarly, not satisfied Tikka Ram and others, L.Rs. of Gugan deceased have filed L.P.A. No. 1295 of 1988.
We have heard the learned counsel for the appellants and the learned D.A.G. Haryana in both these appeals and have gone through the records.
It has been submitted by the learned counsel for the appellants that the learned Additional District Judge, Karnal and also the learned Single Judge, of this Court have failed to notice the potentiality of the land for residential buildings and commercial complexes, in view of the fact that it is situated adjoining the G.T. Road (National Highway No. 1). The land belonging to Raja Ram and other is situated at a distance of 1/2 Km. from the Municipal Octroi Post and the building of the Haryana Armed Police Complex is located adjoining to their land. Haryana Armed Police Complex, Madhuban was already there. Similarly, the land belonging to Gugan Ram was equally, suitable for developing the residential buildings and commercial complexes. It has further been submitted that this factor has not been considered by them that the entire industrial activity has spread along the G.T. Road from Karnal towards Delhi side on the G.T. Road and big industrial units have come up in the close proximity of the land acquired. There is a Temple situated adjoining to these lands and number of shops are there since long around this Temple.
In our opinion, these submissions can be given no weight. The acquired land is situated at three places. One piece of the land adjoins the G.T. Road and the other two are situated away from the G.T. Road. Some land is lying out side the municipal limits of Karnal. The Municipal Octroi Post is at a distance of 1/2 Km . from the acquired land. Raja Ram P.W.I stated that the acquired land belonging to them is situated by the side of one of the banks of Bhakra Canal and across the said canal, there is a very big temple. There is no bridge by the side of his land to cross the canal. One has to cover a distance of 200 feet in order to approach the temple, via a bridge on the G.T. Road. The acquired land belonging to Raja Ram and others is situate on both sides of the G.T. Road. Khasra Nos. 9, 11/3, 12/2, 11/2, 19/2, 2/2 of Rectangle No. 45, are at a distance of 7 Killas from the G.T. Road, Khasra No. 22 to 22 of Rectangle No. 45 are at a distance of 7-8 Killas from the G.T. Road, Khasra No. 21 of Rectangle No. 35 is at a distance of 3 killas from G.T. Road, Khasra No. 1 of Rectangle No. 48 is at a distance of 3 killas from the G.T. Road. Madan Singh P.W. 5 has stated that the acquired land is in three strips. One strip of the acquired land adjoins the G.T. Road which belonged to Raja Ram and his brothers. The buildings of Haryana Armed Police are situated near the said acquired land of Raja Ram. There are some shops as well on the land of Vijay Pal, situated close to the said acquired land. A Mandir and a Petrol Pump are also situated nearby. There are two factories at a distance of 1/2 killa from the land of Raja Ram towards Karnal side. There are some shops opposite the Mandir as well. The land is out side the Municipal limits of Karnal and the octroi post is at a distance of 1/2 km. from it. Railway Station is also at a distance of 1/2 km. from the other two pieces of the acquired land. Railway Station Bazida Jatan is at a distance of 1/2 Kms. from the acquired land. In his cross examination he has stated that abadi of Karnal is situated at a distance of 8-9 Kms. from the land of Raja Ram. Ram Dev P.W. 6 stated that vide sale deed dated 26.3.1974 he and Madan Singh purchased land measuring 3 Kanals 14 Marias (copy Ex. P5) for Rs. 13,000/- from one Narsing Dass. The land is situated in village Daha. The acquired land is in three pieces, two of which are situated on the right hand side of the G.T. Road and one piece is situated on the left hand side of the G.T. Road. If one goes from Karnal towards Delhi. Villages Daha and Kharkali adjoin each other. The acquired land situated on the right side of the G.T. Road belonging to the land owners adjoins some land of village Kharkali which was also acquired by the Govt. vide the same notification of the same date. If the Haryana Armed Police Complexes have come up in the vicinity prior to the acquisition and also that there is a temple situate in the close vicinity and also some shops have been built around this temple and weekly fair is also held at the temple, in our opinion, these circumstances are not sufficient to show that the acquired land had the potential of coming up as residential buildings and commercial buildings. Abadi of Karnal town is at a distance of 8-9 Kms. from the acquired land. The acquired land is situated out side the municipal limits of Karnal. Close to the acquired land there is no town either big or small. It is not known as to how the building of Haryana Armed Police Complex will help in the coming up of residential buildings or commercial buildings in the acquired land. If there is a temple, we fail to understand how the temple will help in the coming up of residential buildings in its neighbourhood. If some shops have come up in the vicinity of temple they have come up with a view to catering to the needs of the people who visit the temple for making offerings at the Temple.
10. The learned Single Judge did not take into account the sale instance covered by Exh. P-5 dated 26.3.1974 pertaining to the sale of 3 Kanals 14 Marias for evaluating the land acquired as there is sale instance Exh. R-6 which is dated 24.5.1974 disclosing a rate of Rs. 2000/- per acre and that too subsequent to the date of Exh. P-5. Sale transaction Exh. R-6 relates to the sale of 4 kanals of land situated at village Daha for a sum of Rs. 1000/- on May 24, 1974. In our opinion, the learned Single Judge has justifiably refused to rely upon sale instance covered by sale deed Exh. P-5 regarding 3 kanals 14 marlas of land for Rs. 13,000/-. The learned Additional District Judge as well as the learned Single Judge justifiably relied on sale instance Exh. P-1 which was forming part of the acquired land. Vide sale deed Exh. P-1 Hukam Chand purchased 8 Kanals of land for a sum of Rs. 20,000/- on February 23, 1973. In our opinion sale deed Exh. P-1 is the true index for determining the value of the land acquired.
11. For the reasons given above, these appeals fail and are dismissed.