R. F. A No. 507 of 1995 1 In the High Court of Punjab & Haryana at Chandigarh Date of decision : 5.11.2008 1. R. F. A No. 507 of 1995 (O&M) Gurdial Kaur and others ..... Appellants vs State of Haryana and another ..... Respondents 2. R. F. A No. 506 of 1995 (O&M) Hardev Singh (deceased) through LRs. and others ..... Appellants vs State of Haryana and another ..... Respondents 3. R. F. A No. 808 of 1995 (O&M) Surjit Kaur and others ..... Appellants vs State of Haryana and another ..... Respondents 4. R. F. A No. 1658 of 1995 (O&M) State of Haryana and another ..... Appellants vs Hardev Singh (deceased) through LRs. and others ..... Respondents 5. R. F. A No. 1659 of 1995 (O&M) State of Haryana and another ..... Appellants vs Smt. Surjit Kaur and others ..... Respondents 6. R. F. A No. 1660 of 1995 (O&M) State of Haryana and another ..... Appellants vs Gurdial Kaur and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Amit Jain, Advocate, for the landowners. Mr. Lokesh Sinhal, Additional Advocate General, Haryana. Rajesh Bindal J. This order shall dispose of six appeals bearing Regular First Appeal Nos. 506, 507 and 808 of 1995, filed by the landowners seeking R. F. A No. 507 of 1995 2 enhancement of compensation for the acquired land and Regular First Appeal Nos. 1658, 1659 and 1660 of 1995 filed by the State seeking reduction in compensation against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act'), as the same arise out of the same acquisition. However, the facts have been extracted from R. F. A. No. 507 of 1995. Briefly, the facts of the case are that the State of Haryana vide notification dated 19.6.1989 issued under Section 4 of the Act, acquired 125 kanals 18 marlas of the land situated in revenue estate of Ratia for public purpose namely for the construction of Tehsil Building and Residential Houses at Ratia. The Land Acquisition Collector, Hissar, vide his award dated 18.3.1992 assessed the market value of the land at Rs. 69,000/- per acre. The compensation for wall and structure was assessed at Rs. 45,700/-. On reference under Section 18 of the Act, the learned court below vide award dated 5.1.1995, determined the market value of the acquired land at Rs. 2,34,000/- per acre. Learned counsel for the landowners submitted that the learned court below has not fairly assessed the market value of the land which is situated on the main road. The land is situated in the close vicinity of City Raita. The entire area in the neighborhood had already been developed and being developed area there was pressure for urbanization of this side of the City. The sale-deed Ex. P-7 which was for 1 kanal of land and was registered on 28.6.1988 at an average price of Rs. 3,60,000/- per acre, has been totally ignored though the genuineness of the same was not doubted. Even while relying upon the award pertaining to the acquisition for Rest House vide notification dated 30.9.1986 (Ex. P-8) after granting increase at 33% thereon for the time gap of 2 years 9 months in the notification, though the value of the acquired land was assessed at Rs. 2,34,000/- per acre but the fact that the land in question was located more close to the City as compared to the acquired land forming part of Ex. P-8, has not been considered at all. He further submitted that the value of the superstructure as assessed by the learned court below is not in consonance with the estimates produced by the landowners on record where the claim was for Rs. 84,000/- whereas the learned court below only granted Rs. 45,700/-. On the other hand learned counsel for the State submitted that R. F. A No. 507 of 1995 3 the market value as assessed by the learned court below is on the higher side which deserves reduction what to talk of increase as is sought by the landowners. The increase as is granted by the learned court below even if reliance was placed on Ex. P-8, was not called for as sufficient evidence was not available to form that opinion. Heard learned counsel for the parties and perused the record. A perusal of the site plan Ex. P-1 produced on record shows that the location of the acquired land, which is situated on the main road. The land acquired vide notification dated 30.9.1986 is situated at a more distance from the City, as compared to the acquired land. Admittedly, the value thereof in the award Ex. P-8 was assessed at Rs. 1,76,000/- per acre and while granting increase @ 12% for the time gap of 2 years 9 months in the notifications, the learned court below assessed the value of the acquired land at Rs. 2,34,000/- per acre. If the assessment of the value on the basis of the sale-deed Ex. P-7 dated 28.6.1988 is considered, where the average price was Rs. 3,60,000/- per acre, it is evident that the value of the acquired land would come out with 30% deduction thereon. No doubt, the land forming part of Ex. P-7 is situated more closer to the City as compared to the land in question. However, the fact cannot be disputed that the number of factories, colonies and shops etc. had come up in close vicinity of the acquired land which shows that there was great pressure of urbanization in the area. Keeping in view the above facts, in my opinion, relying on the sale-deed Ex. P-7, as compared to the earlier award pertaining to the acquisition of 2 years 9 months prior in time is more appropriate as the sale- deed Ex. P-7 is merely one year prior to the acquisition. Accordingly, after granting 12% increase thereon for a period of about 1 year as on the date of acquisition the value comes out to Rs. 4,03,000/- per acre. Considering the fact that the acquired land is 125 kanals 18 marlas, whereas the sale -deed was pertaining to 1 kanal of land and that too on the main road, in my opinion, it would be proper to apply belting method for assessment of fair value of the acquired land, as the land abutting the main road certainly has better value as compared to the land situated behind it. Further even future potential of the land on the main road is far better as compared to the land behind it. Accordingly, considering these facts, in my considered opinion, R. F. A No. 507 of 1995 4 the value of the acquired land abutting upto 100 meters on the main road certainly deserves certain increase which is determined by applying a cut of 30% out of Rs. 4,03,000/- per acre on account of locational advantage and the land forming part of sale-deed Ex. P-7 being 1 kanal. Accordingly the value of the acquired land upto a depth of 100 meters is assessed at Rs. 2,82,000/- per acre. As far as the value of the remaining land is concerned, the same does not call for any interference. The land owner shall also be entitled to all statutory benefits as are available under the Act. For the reasons mentioned above, the appeals filed by the landowners are partially accepted whereas that of the State are dismissed. 5.11.2008 ( Rajesh Bindal) vs. Judge