RFA No.1599 of 1987 (26cases) 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 1599 of 1987 Decided on August 22,2008. Raj Kumar ---Appellants vs. State of Punjab and others --- Respondents Present: Mr.R.K.Aggarwal,Advocate, for the appellants (in the appeals filed by the claimants/landowners) and for the respondents (in the appeals filed the State of Punjab). Mr.Manohar Lall,Addl.A.G.Punjab,for the appellants (in the appeals filed by the State) and for the respondents (in the appeals fled by the claimants/landowners) Rakesh Kumar Jain,J: This judgment shall dispose of RFA Nos.1599 to 1609 of 1987, 1679 of 1987 filed by the appellants/claimants-landowners and RFA Nos. 1714, 1776,1777,1779 to 1789 of 1987 filed by the State of Punjab, as common questions of law and facts are involved in the same. Land measuring 26-78 acres situated within the revenue estate of village Faridpur Arian, Tehsil Rajpura, District Patiala, was proposed to be acquired at the State expense for the public purpose,namely for construction of Sutlej Yamuna Link Canal, vide notification issued under RFA No.1599 of 1987 (26cases) 2 Section 4 of the Land Acquisition Act, 1894 (for short,'the Act') published on 14.12.1982, followed by declaration under Section 6 of the Act, dated 7.1.1983. The Collector, Land Acquisition, S.Y.L Canal Project Patiala, vide his impugned award dated 31.3.1984, assessed the market value for Chahi land at Rs. 40,000/- per acre, for Gair Mumkin Ruri land,at Rs. 80,000/- per acre and for Gair Mumkin Rasta land at Rs. 20,000/- per acre. Unsatisfied with the award, objections under Section 18 of the Act, were filed by the land owners which were referred to the Civil Court where the land owners had claimed an amount of Rs. One lac per acre, on the ground that the land has potential value for being converted into residential, commercial and industrial purposes. The respondents-State contested the claim of the claimants on the ground that there is no scope of further enhancement of compensation as rates awarded by the Collector are just and reasonable. Both the parties led evidence. Landowners besides relying upon two sale deeds, one pertaining to the land of village Faridpur Arian and other to the neighbouring village Hulka placed on record certified copies of two awards i.e. one delivered by the reference Court and another by the Collector. On the other hand, the respondents had relied upon five sale instances from Ex. R-1 to Ex. R-5 which are tabulated as under:- Ex.No. Date of sale Area sold Price Price per acre R-1 17.3.1982 35-4marlas Rs.20,000/- Rs. 4545/- R-2 21.6.1982 35-4 Rs.30,000/- Rs.7000/- RFA No.1599 of 1987 (26cases) 3 R-3 31.5.1982 12-8 Rs. 9500/- Rs.6129/- R-4 11.6.1982 11-3 Rs.15,000/- Rs.10,762/- R-5 12.7.1982 8-0 kanal Rs.15,000/- Rs.15,000/-. So far as the sale deeds relied upon both the parties are concerned, the reference Court has discussed them in detail and ruled them out of consideration by recording reasons and at last, relied upon Ex. A-2, a copy of the award dated 24.12.1985,pertaining to the land reference of neighbouring village Bhatria in which notification under Section 4 of the Act,was issued dated 14.12.1982 i.e. on the same date as in the instant case. It was found in the evidence of the parties that the revenue estate of village Faridpur Arian and Bhatria adjoins each other and in the case of village Bhatria, compensation was assessed for different classes of land as per following rates:- (i)Abadi: Rs.80,000/- per acre (ii)Chahi: Rs.60,00/- per acre (iii)Barani: Rs.40,000/- per acre (iv)Gair Mumkin: Rs.15,000/- per acre It was found by the reference Court that market value of different classes of land falling in the revenue estate of village Bhatria would be relevant and is applicable to the land situated in the revenue estate of village Faridpur, as award Ex.A-2 was tendered after a contest between the parties. Nothing has been brought on record to show that award of the reference Court pertaining to village Bhatria has been set aside by the Appellate Court or has even been appealed against. RFA No.1599 of 1987 (26cases) 4 After considering the entire evidence on record, the reference Court has assessed the market value of the acquired land for Abadi Rs. 1,20,000/- per acre, Chahi Rs. 60,000/- per acre and Gair Mumkin Rasta Rs. 60,000/-. Still dissatisfied, the land owners are now in appeals before this Court. Counsel for the appellants has argued that the compensation has been inadequately awarded whereas counsel for the State has argued that the compensation is excessive, but none of the counsel for the parties could point out any infirmity in the judgment of the Court below or could even show as to which evidence has been misread or misinterpreted by the Reference Court. In view of the above, in my opinion, the compensation that has been awarded by the Reference Court is just and proper which neither requires for any further enhancement nor deserves to be decreased. Therefore, I maintain the award of the reference Court and consequently, dismiss both the appeal filed by the landowners as well as by the State of Punjab. However, there shall be no order as to costs. August 22,2008 (Rakesh Kumar Jain) RR Judge