High Court Punjab-Haryana High Court

Union Of India vs Inder Singh And Anr on 14 July, 2009

Punjab-Haryana High Court
Union Of India vs Inder Singh And Anr on 14 July, 2009
RFA No.3012 of 1993                                           1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH




                                   Cross Objection No.32-CI of 2009
                               And RFA No.3012 of 1993
                                   Date of decision: 14.07.2009



Union of India                                          ...Appellants


                               Versus


Inder Singh and Anr.                                    ....Respondents




CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA



Present: -   Mr. S.K.Sharma, Advocate,
             for the appellants.

             Mr. Alok Jain, Advocate,
             for the respondents/X-Objectors

                   ---

VINOD K. SHARMA, J (ORAL)

This order shall dispose of RFA No. 3012 of 1993 titled Union

of India Vs. Inder Singh & Anr. and X-Objection No.32-CI of 2009.

Punjab Government vide Notification No.8672-8JJ-

77/PB/5348/ACQ/25212 dated 11.7.1977 published in the Punjab

Government Gazette and declaration made under section 6 of the Land

Acquisition Act (for short the Act) published by Notification No.4042-
RFA No.3012 of 1993 2

5Judl./80-PB/5348/ACQ/14608 dated 19.7.1980 acquired land measuring

11513 kanals along with structures standing thereon in village Kathania

Tehsil and District Amritsar at public expenses.

The compensation fixed for the acquired land has attained

finality up to Hon’ble Supreme Court and is, therefore, not the subject-

matter of this appeal.

Vide award No.4, Land Acquisition Collector was pleased to

assess the market value of acquired structure at Rs.52.786/-. This valuation

was assessed by the Collector in view of the evidence led by the State as

well as the appellant before the Land Acquisition Collector. The appellant

claimed a sum of Rs.1,14,750/- for the structure by way of reference under

section 18 of the Act.

The claim was contested by the State.

The respondent-land owners relied upon Ex.P.1 in support of

claim of Rs.1,14,750/- whereas State relied upon Ex.R.1, PWD valuation

report assessing the value at Rs.45,510/-.

Learned reference court held that in some cases the Special

Land Acquisition Collector enhanced the value of structure to the extent of

50 per cent of the difference between the value assessed by PWD authorities

and the private valuer and passed award No.5.

Appeal filed against award No.5 was dismissed by this court

and challenge to the judgment of this court failed in the Hon’ble Supreme

Court. The order thus attained finality.

Learned reference court, therefore, by relying upon said
RFA No.3012 of 1993 3

principle, ordered the enhancement of the market value by 50% of

difference of the market value i.e. one relied upon by the State and one by

the valuer.

The award passed was challenged in this court by the appellant

Union of India. The appeals filed by Union of India were dismissed one

such appeal being No.RFA No.1144 of 1993. This appeal also deserves to

be dismissed for the reasons recorded in RFA No.1144 of 1993.

Dismissed.

Cross Objection No.32-CI of 2009

Cross Objectors have sought enhancement of compensation

for structure, as also compensation for trees standing on the land.

Learned counsel for the cross objectors contends that the

factum of trees on the acquired land was admitted, having been not

challenged in cross-examination, therefore, the reference court erred in law

in not granting any compensation for the trees.

This plea of the learned counsel for the cross-objectors cannot

be accepted. Admittedly, except for the bald statement, no particulars with

regard to age and type of trees were given nor any evidence was led to

show the value of alleged trees. The learned reference court, therefore, was

justified in rejecting the claim of compensation for trees for lack of any

evidence.

Learned counsel for the cross objectors also challenged the

grant of compensation for structure by adopting the principle of

enhancement by 50 per cent of the difference of valuation report submitted
RFA No.3012 of 1993 4

by PWD and one produced by the appellant.

The contention of the learned counsel for the objectors is that

valuation report produced by the State was not accepted by the Land

Acquisition Collector as the Government Valuer assessed the value of

structure at Rs.52,786/- but without assigning any reason giving particular

therefor. The contention of the learned counsel for the objector is that the

valuation report Ex.R.1 relied upon by the appellant Union of India was

cryptique and lacked material particulars, therefore, rightly rejected by the

learned reference court.

Learned reference court did not accept the report of the

Department but ignored the report produced by the Cross Objector as Ex.P.1

by adopting the principle of enhancement by 50 per cent of the difference

between two reports. This principle though under given circumstances can

be accepted but cannot have universal application. Report Ex.P.1 gave the

material details of the construction as also the quality of the construction.

Rates were fixed by adopting well established principle. Principle of

depreciation was also applied and thereafter valuation of the structure was

assessed at Rs.1,14,750/- (Rupees one lac fourteen thousand seven hundred

and fifty only).

In support of the contention raised the learned counsel for the

cross objectors has placed reliance on the judgment of this court in the case

of Jaswinder Singh & Anr. Vs. Union of India 2004 (1) RCR (Civil)

384, wherein this Court has been pleased to lay down as under:

“13. I have given my thoughtful consideration to the
RFA No.3012 of 1993 5

submissions of the learned counsel. I find that the present

appeal must succeed. A perusal of the judgment of the learned

Additional District Judge makes it absolutely clear that no

reasons had been given by him to reject the report of Shri

H.S.Virdee. Merely, because the other expert produced by the

acquiring authorities, namely, Shri K.S.Gondhara, RW 1, had

submitted a report showing less valuation of the super-

structures would by itself be no ground to reject the report of

Shri H.S.Virdi. In fact, the learned Additional Judge had

himself observed that the report of Shri H.S.Virdee was

detailed one and contained reasons. After having made those

observations, it was not open to him to reject the aforesaid

report merely because the other expert had given a lesser

valuation. In fact, the respondent had failed to lead any

evidence or to show any defect in the report of Shri H.S.Virdee.

Another fact which has already been noticed by me is that in

Bachan Singh’s case (supra), the report of H.S.Virdee had been

accepted in to to. In fact, some cuts imposed, but the learned

Additional District Judge in the aforesaid case, on the valuation

report submitted by Shri H.S.Virdee were held unsustainable by

this Court.

14. As such, the present appeal is allowed. The claimants

would be entitled to get the amount of compensation as

assessed by Shri H.S.Virdee. In this manner, the enhancement
RFA No.3012 of 1993 6

available to the claimants would be Rs.40,278/- over and above

the market value as assessed by the learned Land Acquisition

Collectors. Besides this, the claimants shall also be entitled to

the statutory benefits. The appellant shall also be entitled to

costs.”.

There is force in the contention raised by the learned counsel

for the cross-objectors.

It may be noticed that Ram Lubhaya Architect who prepared

report Ex.P.1 appeared in the witness box as PW 1 and proved his report

Ex.P.1 along with site plan Ex.P.2. In the cross examination except for the

suggestion that the valuation report is false, there was no suggestion or

challenge to method adopted.

In view of the law laid down by this court in Jaswinder Singh

& Anr. Vs. Union of India (supra) it has to be held that the cross

objectors were entitled to compensation for superstructure at the rate of

Rs.1,14,750/-. The cross objection, therefore, is allowed. The value of

structure is enhanced to Rs.1,14,750/-. Cross objectors shall also be entitled

to statutory solatium and other statutory benefits on the enhanced

compensation so assessed.

For the reasons stated, the RFA No.3012 of 1993 is dismissed,

whereas Cross Objection No.32-CI of 2009 stands allowed but with no

order as to costs.

(Vinod K. Sharma)
Judge
July 14, 2009
rp