l Appeal Nos
335 3421982
From the Judgment and Order dated 1881981 of the Punjab and Haryana High Court in Regular First Appeal Nos
2605 260426062610306308 10 and 11 of 1980
DV Sehgal LR Singh and Yunus Malik for the Appellants
Ranjit Kumar and GK Bansal NP for the Respondents
J By Notification published in the Haryana State Gazette on October 121976 under section41 of Land Acquisition Act 1 of 1894 for short the Act  the respondent Union Territory of Chandigarh acquired a total extent of 7009 acres of land situated in Manimajra near Chandigarh for a public purpose namely to set up Brick Kilns therein
The lands comprised in different Khasra numbers within HB No 375 out of which 6309 acres are Abi cultivated lands the rest are Barani rainfed land and ghair munkin waste land bouldars trenches etc
By award dated January II 1977 the Collector fixed a sum of Rs 23600 as market value of Abi Rs 17000 per acre to Barani and Rs 12000 to Ghair Munkin lands
On reference under section 18 the Civil Court enhanced the compensation to Rs 33600 per acre to Abi lands and no enhancement to other categories with solatium at 15 per cent and interest at 6 percent per annum on the 374 enhanced compensation from the date of taking possession till date of payment
On appeal the learned Single Judge in RFA No 2605 of 1980 etc by judgment dated August 18 1981 confirmed the same
Thus these appeals by special leave
As common questions of law arise for decision they are disposed of by common judgment
Appellants  contentions is that the acquired lands possessed of potential value for residential and commercial purposes and there is no justification for classification of the lands and all the lands are entitled to parity to determine the market value
By notification dated June 30 1976 in the same village under the same HB No 375 5437 acres were acquired for construction of Motor Market Complex
The Collector and the Civil Court awarded the same market values as were fixed in these appeals but the learned Single judge denied parity of market value to these lands while enhancing the market value at Rs 75000 per acre to the similar lands in belting No 2 and awarded Rs 3 72200 to the lands abutting the main road upto a depth of 140 feet in other case
Therein the Single Judge relied upon exhibit P28 of the year 1972 in which 17 marlas of land was sold Rs 75000 per acre Having relied upon the same and having enhanced the market value the same yardstick should have been applied in awarding market value to the lands under acquisition
The learned counsel also placed strong reliance on 6 mutation entries which would show that the market value of the lands ranges between Rs 116000 to 160000 per acre and the appellants therefore are entitled to compensation at least  Rs 75000 as claimed by them
He also contended that having found that the lands are possessed of potential value being similar to the lands in other appeal the appellants are entitled to parity in determination of the market value as well
The Haryana Govt acquired by notification dated January 81971 vast extent of lands in Judian Village for Mansa Housing and Commercial Complex and thereunder Abiirrigated lands were awarded at a sum of Rs 28800 per acre which was confirmed by the High Court
After five years the notification was issued on October 12 1976 the Court should have taken note of steady rise in prices and have suitably enhanced the market value
Since no one was appearing for the respondent we sent for Mr Ranjit Kumar the previous standing counsel for the Union Territory Chandigarh and requested him to assist the court
Accordingly he has meticulously analysed the entire evidence and rendered valuable assistance
He contended that the lands are situated beyond railway line on North West and 12 km
to the motor market on the other side of the road
The lands are nearer to Sukhna Choe lake at a distance of one furlong
The mutation record is not admissible as none connected with the sale transactions were examined to prove the documents the grounds for sales comparative advantages and their respective situation
The motor market is situated in a developed area on the Eastern side of the road and the lands in these cases are 375 located away from those lands
Shri Ranjit also contended that lands in Judian Village for Mansa Housing and Commercial Complex were nearer to abadi possessing better amenities and they do not afford any comparable grounds
He contended that the lands for canalisation of Sukhna Choe was acquired by notification dated March 21 1972 and the Reference Court upheld the award of the Collector at Rs 15525 for Abi lands which was confirmed by the High Court
The location being very near to the lands under requisition they offer reasonable base to fix market value
Notification was issued under s6 of the Punjab New Capital Perefery Control Act 1952 freezing development of the lands situated within a radious of 10 miles from Chandigarh boundary for any residential and commercial purposes
Therefore they are not possessed of any potential value
The learned Judge on the same day decided both the cases upholding the award of the Civil Court in these cases while enhancing the market value in motor market cases relied on by the appellants
He was aware of the location and differential value between two types of land
Therefore he was not inclined to enhance the market value of the land under acquisition
The first question that arises for consideration is whether the High Court has committed any legal error in affirming the market value determined by the Reference Court
The Dist Judge Chandigarh in LPJ No 10570 and batch found that the total extent of the land acquired is 7009 acres 560 Kanal 15 mawla out of which 6391 51 i Kanal 6 Marla are Abi land and 422 33 Kanal 15 Marla is Barani land and the rest are Ghair Munkin lands
It is admitted by the witnesses that the acquired land is nearer to the railway track and also situated at a distance of 1 12 km
from timber and motor market
They are situated in wide area with the population of about 3000 3500
There are about 200 shops situated in Manimazra town
The acquired land is towards north western side of Manimazra
The railway line is 2 to 3 furlong from Manimaira on the northwestern side
They are also situated near the boundary of Chandigarh and one furlong from Sukhna Choe
It was also admitted that part of the land is situated in Sector 26
Thus it could be seen that the lands are situated very near to Chandigarh
Neither the appellants nor the Land Acquisition Officer had examined witnesses in proof of the sale transactions referred in mutation entries exhibit P4 to P8 on behalf of the appellants and R1 and R2 on behalf of the respondent
It is settled law that claimant is entitled to just and reasonable compensation and under section 23 to determine the market value of the lands the prevailing prices as on the date of the publication of the notification under section 41 the sale transaction of the same lands or sales of lands situated in the neighbourhood would furnish as evidence of comparable sales
The price which a hypothetical willing vendor might reasonably expects to obtain from a willing purchaser would form the basis to fix the market 376 value
It would be possible to have reliable evidence when sale transactions are proved by either the vendor or the vendee and if either of them was not available the attesting witness who had personal knowledge of the transaction is to be examined by producing either the original sale deed or certified copies thereof as evidence
Under section 5 1A of the Act as amended in 1984 the certified copies have been permitted to be brought on record as evidence of sale transaction recorded therein
The examination of the witnesses is to find that the sale transactions are bonafide and genuine transactions between willing vendor and willing vendee as reasonable prudent men and the price mentioned is not throw away price at arms length or depressed sales or brought into existence to inflate market value of the lands under acquisition and the sales are accommodating one
Equally it must be brought on record the comparative nature of the lands covered under the sale deed and the acquired lands whether adjacent or actual distance or possessed of similar advantages and whether transactions themselves are genuine and bonafide trans actions
This proposition of law since settled law in fairness has not been disputed across the bar
The contention is that at the relevant time it was not being insisted upon
Therefore none of the witnesses were called to prove the sale deeds or to prove the sale transactions
Therefore  when evidence of potential value is available the same could be considered
We find merit in the contention
At one time we thought of remanding the cases but we find that it would be needless prologation and the complexion on ground by now would have been completely changed
In view of the above settled legal position and the circumstances the documentary evidence of sale transactions or in the mutation entries on either side are clearly not admissible and therefore they cannot be looked into and are accordingly excluded from consideration
The only question therefore is whether the lands are possessed of potential value and whether the same treatment could be meted out to Abi and Barani lands
Ghair Munkin land stands on a different footing and therefore they cannot be equated with the Abi and Barani lands
The situation of the lands as extracted here in before clearly shows that the lands are situated very close to developed Chandigarh planned city and are very near to Sukhna Lake and are also nearer to railway track
They are situated within the freezed zone for future potential development of the city
Thereby it is clear that though the acquisition was for establishment of Brick Kilns by its very nature may not immediately be capable of being used for residential or commercial purposes but certainly possessed of potential value for future development as residential and commercial purposes
Then what would be the reasonable market value prevailing as on the date of notification
As rightly contended by Shri Ranjit Kumar that there is a distinction between the lands acquired for motor market or Mansa Housing Complex on one hand and the lands under acquisition on the other hand though the lands are Abi 377 lands
The acquired lands are situated on the western side of Manimazra Panchkula road and the motor market was situated on the other side of the road
Therefore the market value of the land acquired for motor market do not tender any assistance as comparable prices
Obviously for that reason the same learned Single Judge while deciding both the appeals on the same day declined to enhance the market value to these lands while he awarded to lands in 2nd belt at Rs 75000 per acre
We have no information whether any appeal was filed against that judgment
But certainly the facts of these cases would assist us to assess a fair and reasonable compensation in fixing the market value though an amount of guess work is involved
We are conscious of the fact that it should not be founded on feats of imagination hedged with undue emphasis of compulsory deprivation of the possession of the land of the appellants for the exercise of State s power of eminent domain statutory solatium is the premium the state pays
Therefore the approach should be pragmatic to recompense the appellants to secure alternative lands or to invest in profitable business for rehabilitation
It is seen that the Reference Court awarded a sum of Rs33600 per acre to Abi land
There is a steady rise in prices as reflected in the judgment in the other appeals relied on by the learned counsel for appellants
The High Court also recorded afinding in that behalf in those appeals
The lands are situated in the same HB No 375 though at different places and distance having future potential development
Considering the totality of the facts and circumstances we find that market value  Rs 42000 per acre would be just and fair
This value should be for Abi and for Barani lands at Rs 38000 per acre and the market value to ghair munkin land at Rs 12000 per acre awarded by the Civil Court is confirmed
The appellants are entitle to Solatium and interest on the enhanced market value at 15 per cent and 6 per cent respectively from the date of taking possession till the date of payment as the award and the order of the Civil Court are prior to the periods mentioned in the Amendment Act 1984 came into force
In the circumstances parties are directed to bear their own costs
GN Appeals Partly allowed


Summary:
The respondents appeared in the first year DHMS Diploma in Homeopathic Medicine and Surgery annual examination in june1988They had to re appear as they did not get the required percentage of pass marks in two or more subjects
They were permitted to join the second year class after June 1988
Under the interim orders of the High Court they appeared in the second year annual examination
Simultaneously the respondents appeared in the first year DHMS
examination and cleared all the papers
After re appearing in one or more subjects in the second year Supplementary examination in June 1990 they were declared passed in the 2nd year DHMS examination
The respondents joined the third year DHMS course and completed the course of study
When their examination forms were forwarded to the appellant Council they declined to permit the respondents to appear in the 3rd year DHMS annual examination because they did not complete one year course of study between passing the first DHMS examination and appearing in the second year course
The respondents preferred a writ petition before the High Court to direct the appellants to permit them to appear in the third year DHMS examination commencing from 391991
Following the view taken in the decision of the Court in CWP No 2307 88
Gurinder pal Singh vs Punjabi University  Ors which was followed in Harinder Kaur Chandok Minor v The Punjab School Education Board through its Secretary  the High court allowed the writ petition of the respondents
Against that order of the High Court the appeal CANo 210793 was filed by special leave
The appellants submitted that the High Court was wrong in its construction on regulation 11 of the Homeopathy Diploma Course DHMS Regulations 1983 that if a candidate passed on supplementary examination he would have to wait till the next academic session that none of the Regulations indicated carry forward scheme of the subjects but on the contraryit was a case of detention every year
The respondents urged that the interpretation placed by the High Courts on Regulations 8 to 10 was correct that four chances afforded to the 308 candidate could be rendered nugatory if the interpretation as stated by the appellants was accepted that the Regulations did not say that after First DHMS examination a student could not study for Second DHMS course and sit for examination provisionally that the declaration of result for the Second DHMS course took place only after a student cleared the First DHMS examination that if the Regulations were literally interpreted that would lead to absurdity and it would run counter to the object of providing a supplementary examination
As the other appeals CANos
2108 1093 contained identical issue all the appeals were heard and decided together
Allowing the appeals this Court HELD11
The Regulations 8 10 of the Homeopathy Diploma Course DHMS Regulations 1983 are plain enough and are susceptible only to literary interpretation
MaxwellInterpretation of Statutes 12th Edition Page 29 referred to
12For admission to the First DHMS examination ia student must have regularly attended the courses of instruction theoretical and practical ii for a period of not less than 12 months iii to the satisfaction of the head of the College
317 B 13
Eligibility for admission to Second DHMS examination is based on two conditions i A student has passed his First DHMS examination at the end of one year previously
This means one year must elapse between the passing of the First year examination and taking of Second Year Examination
ii Subsequent to the passing the First year 309 a he must have regularly attended the courses both theoretical and practical b for a period of at least one year c to the satisfaction of the head of the College
317 F G Thus unless and until these two conditions are satisfied a student is ineligible for admission to the Second DHMS examination
317 H 318 A 14 The conditions for eligibility for admission to Third DHMS examination are i After passing the Second DHMS examination one and a half years must have elapsed before taking the Third DHMS examination
ii Subsequent to the passing of the Second DHMS examination a he must have regularly attended the courses both theoretical an practical b for a period of 112 years c to the satisfaction of the college
318 F G 15
Mandatory requirements of Regulation 9 are i The lapse of one year period between the passing of First DHMS examination and taking the Second DHMS examination
ii Subsequent to the passing of the First DHMS examination to undergo the course of study for one year
321 G 16
Therefore if a candidate passes in the supplementary examination the requirement of one year cannot be enforced
Worse still is a case of a student who passes only at the next annual examination
Could he he allowed to take the Second DHMS examination without even completing the First Should he by chance pass the Second DHMS and not complete the First since he has still one more chance to take this examination what is to happen 310 The situation is absurd
The same principle should apply to Regulation 10 where the lapse is one and half years
321 H 322 A 17The pattern of the examination is 12 months for First DHMS examination 12 months for Second DHMS examination and 18 months for Third DHMS examination
These put together with six months of compulsory internship make up the four years prescribed for the Course in Regulation 3
318 G 18When a candidate completes the subjects only in the supplementary examination then alone he passes the examination
It is that pass which is declared
If the doctrine of relation back is applied it would have the effect of deeming to have passed in the annual examination held at the end of 12 months which on the face of it is untrue
321 A 19Whatever it is a candidate has to complete all the subjects within four chances
Should he fail to do so he will have to undergo the course in all subjects for one year unless of course he gets the exemption as stated in proviso to Clause vii
In Regulation 11 there is no system of carry forward 
On the contrary it is detention every year
Harmonious construction violates the mandatory requirements of Regulation 9
321 E F 110If a student were to sit idle at home after passing the supplementary examination that is his own making
To avoid such a situation the Regulation cannot be construed causing violence to the language
323 H 324 A 111The candidates who as on the day of Judgment of these appeals have attended all the courses and have passed all the examinations might make an appropriate representation to the Council of Homeopathic System of Medicines The appellant to consider their cases
The representation shall be filed within a period of four weeks
The Council of Homiopathic System of Medicines the appellant will take appropriate decision
327 C 2
The adjective supplementary  means an examination to make up the deficiencies
Thus it stands to reason only when deficiencies are made up the whole becomes complete
322 D Oxford Dictionary Seventh Edition page 1072 referred to
322 B