RFA No. 2284 of 2000 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RFA No. 2284 of 2000 (O&M) Date of decision : 28.10.2010. State of Haryana ..... Appellant vs Gurnam Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Mr. Shailendra Sharma, Advocate, for the respondents. Rajesh Bindal J. This order will dispose of the appeals bearing RFA Nos. 2284 of 2000, 105 to 113, and 735 to 742 of 2001, as the same arise out of common acquisition. The State of Haryana is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction of compensation for the acquired land. Briefly, the facts of the case are that vide notification dated 20.10.1986 published on 18.11.1986, under Section 4 of the Act, the State of Haryana, acquired 7.17 acres of land situated in the revenue estate of Village Bulana, Hadbast No. 173, Tehsil and District Ambala, for construction of link road from Bulana to Dhurala. It was followed by notification under Section 6 of the Act dated 3.3.1987 published on 6.3.1987. The Land Acquisition Collector (for short, “the Collector”) vide his award dated 15.12.1988, assessed the market value of the acquired land @ ` 45,000/- per acre for chahi/nehri, ` 30,000/- per acre for barani, abi, safeda, garha khad and ` 7,500/- per acre gair mumkin rasta. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land @ ` 95,000/- per acre for all kinds of land. It is against this award that the State of Haryana has filed the present set of appeals. Learned counsel for the State submitted that while assessing the compensation for the acquired land, the learned court below had totally ignored the evidence produced on record by it which clearly justify the award of the Collector. Referring to sale-deeds, Ex. R-1 and Ex. R-2, it was submitted that both the aforesaid sale-deeds pertained to same village and sale consideration paid therein RFA No. 2284 of 2000 -2- was ` 18,600/- and ` 23,500/- per acre. The amount awarded by the Collector was even more than that. On the other hand, learned counsel for the respondents/landowners submitted that the landowners had also produced on record two sale-deeds, Ex. P-1 and Ex. P-2, dated 10.12.1984 and 5.8.1983 respectively, wherein 1 kanal and 5 marlas of land was sold at an average price of ` 1,76,000/- and ` 1,21,600/- per acre, respectively. Considering the aforesaid sale-deeds, the value of the land as has been assessed by the learned court below is even on lower side what to talk of the arguments of learned counsel for the State claiming the same to be on higher side. Heard learned counsel for the parties and perused the relevant referred record. The small portion of land in question was acquired for construction of link road from Bulana to Dhurala. It has come on record that the land in question is adjacent to abadi of village which is located in close proximity of Ambala-Hisar road. The location thereof is 7-8 kilometers from Ambala. The area is fast developing. Several industries, poultry farms, oil speller, crusher, plastic shoe making factories, etc. are situated near the acquired land. All basic facilities, namely, Veterinary Hospital, High School, Public Health Centre are available there. All industrial establishments were extending towards village Bulana. The city of Ambala was developing towards this side as on other side there was no scope for development or extension of city for the reason that on one side it abuts Punjab boundary whereas on the other side there is cantonment. The evidence produced by both the parties in the present case show lot of variance. As the sale- deeds produced by the landowners also pertained to the same village, these cannot be ignored as such. All what can be opined is that portion of land dealt with in those sale-deeds may be located at a little advantageous position. However, the fact remains that the land was also acquired for the purpose of construction of link road from Bulana to Dhurala which is emanating from Hisar Road. The award of the Collector himself was more than the value as depicted in these sale-deeds relied upon by the State in the court below. Considering the aforesaid material, in my opinion, the assessment of value of the acquired land @ ` 95,000/- per acre by the learned court below, applying a thumb rule cannot be said to be on higher side. Accordingly, the appeals are dismissed. 28.10.2010 (Rajesh Bindal) vs. Judge