R.F.A. No. 3375 of 2002 1 In the High Court of Punjab & Haryana at Chandigarh R.F.A. No. 3375 of 2002 (O&M) Date of decision : 22.2.2011 Inderjit Singh and another ..... Appellants vs Union Territory, Chandigarh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rajiv Kataria, Advocate, for the landowners. Mr. Deepak Sharma, Advocate, for Union Territory, Chandigarh Rajesh Bindal J. This order will dispose of appeals bearing RFA Nos. 3375 of 2002, 275, 277, 279 of 2003 and cross-objections Nos. 3/CI and 4/CI of 2011, as common questions of law and facts are involved therein. The Union Territory, Chandigarh is in appeal before this court against the award of the learned court below seeking reduction in the compensation awarded to the landowners for the acquired land whereas by filing appeal and cross-objections the landowners are seeking enhancement thereof. Briefly, the facts of the case are that vide notification dated 11.10.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), Union Territory, Chandigarh sought to acquire land situated in the revenue estate of village Manimajra, Union Territory, Chandigarh. The Land Acquisition Collector (for short, 'the Collector') vide award dated 5.1.1990 assessed the compensation for the acquired land @ ` 1,65,400/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below assessed the compensation for the acquired land @ ` 4,35,600/- per acre. It is this award which is impugned before this court. R.F.A. No. 3375 of 2002 2 Learned counsel for the landowners submitted that the learned court below has not awarded just and fair compensation for the acquired land. The land is strategically located. It is situated on Chandigarh-Kalka Highway. It is sandwiched in fully developed Notified Area Committee, Commercial and Motor Market Complex, Urban Estate of Panchkula, Manimajra Town and already developed area of Chandigarh. The market value assessed by the learned court below is on lower side. Learned counsel or the landowners further submitted that even the Chandigarh Administration had allotted 32 acres of land in Pocket Nos. 4 and 5 to the Chandigarh Housing Board, Chandigarh, vide allotment letter dated 9.12.1993 Ex. P-3, @ ` 500/- per square yard. It was further submitted that by relying upon the Ex. P-3, the value of the acquired land be assessed. It was also submitted by learned counsel for the landowners that this court in RFA No. 2222 of 1998 Bhagwan Dass and another vs Union Territory of Chandigarh decided on 30.1.2009, had determined the market value of the land @ ` 157/- per square yard of village Manimajra acquired vide notification dated 12.10.1989 for development of residential- cum-commercial complex, Scheme No. 2 (Pocket No. 3), Manimajra and the land in the present case pertains to pocket no. 4 which is adjoining thereto. On the other hand, learned counsel for Union Territory, Chandigarh, submitted that the learned court below has not considered the evidence led by it while assessing the compensation payable to the landowners for the acquired land. He further submitted that the award of the Collector was just and fair which does not call for interference. It was prayed that the compensation awarded by the the Collector be maintained. He, however, did not dispute that the land of pocket no. 3 adjoined to pocket no. 4 and for the land acquired for pocket no. 3 the value was assessed @ ` 157/- per square yard. Heard learned counsel for the parties and perused the relevant referred record. As regards the location of the land, it is not disputed that the same is located on the Chandigarh-Kalka Highway. The Court has to consider the location and value of the land in year of acquisition. This court in Bhagwan Dass's case (supra), had dealt with the issue regarding R.F.A. No. 3375 of 2002 3 valuation of land pertaining to pocket no. 3. It was admitted by learned counsel for Union Territory, Chandigarh, that the land in the present case pertains to pocket no. 4 and that the land of pocket no. 4 adjoins pocket no. 3. As far as the argument of learned counsel for the landowners that the Chandigarh Administration had allotted land in Pocket Nos. 4 and 5 to the Chandigarh Housing Board, Chandigarh, @ ` 500/- per square yard and the same amount be awarded to the landowners is concerned, I find no force in the same. The land in the present case was acquired on 11.10.1989 and the same was allotted to the Chandigarh Housing Board on 9.12.1993 (Ex. P-3). There is difference of four years between the acquisition and the allotment. During the interregnum period the area was further developed. Accordingly, allotment letter dated 9.12.1993 cannot be relied upon while assessing the compensation for the land which was acquired on 11.10.1989. As far as valuation of the land is concerned, in my opinion, when there is judicial precedent available regarding valuation of the land located in the same area and acquired almost at the same time, the same deserves to be considered. Accordingly, the landowners in the present set of appeals are also awarded compensation @ ` 157/- per square yard for the acquired land. They shall also be entitled to all the statutory benefits available under the Act. Accordingly, for the reasons recorded above, the appeals filed by Union Territory, Chandigarh, are dismissed and the appeals and cross- objections filed by the landowners are disposed of. To ensure that the landowners are not fleeced by the middleman in the process of disbursement of enhanced compensation, Hon'ble the Supreme Court in a recent judgment in Civil Appeal No. 6515 of 2009 Haryana State Industrial Development Corporation vs Pran Sukh and others decided on 17.8.2010, issued certain directions. I deem it appropriate to issue the same directions in the present set of appeals as well. The same are as under:- “With a view to ensure that the land owners are not fleeced by the middleman, we deem it proper to issue following further directions: (i) The Land Acquisition Collector shall R.F.A. No. 3375 of 2002 4 depute officers subordinate to him not below the rank of Naib Tehsildar, who shall get in touch with all the land owners and/or their legal representatives and inform them about their entitlement and right to receive enhanced compensation. (ii) The concerned officers shall also instruct the land owners and/or their legal representatives to open saving bank account in case they already do not have such account. (iii) The bank account numbers of the land owners should be given to the Land Acquisition Collector within three months. (iv) The Land Acquisition Collector shall deposit the cheques of compensation in the bank accounts of the land owners.” 22.2.2011 (Rajesh Bindal) vs. Judge