R.F.A.No.1376 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A.No.1376 of 1992 Date of Decision : 05.11.2009 Gurnam Singh ...Appellant Versus State of Haryana and another ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: M/s S.S.Dinarpur and Anil Kshetarpal, Advocates, for the appellant(s). Mr. Lokesh Sinhal, Addl. AG, Haryana, for the respondents. HEMANT GUPTA, J. (ORAL) This order shall dispose of following appeals filed by the land- owners claiming enhancement in the compensation determined by the learned Reference Court in its Award dated 01.02.1992: Sr. No. Case Number Parties Name 1. RFA No.1376 of 1992 Gurnam Singh Vs. State of Haryana and another 2. RFA No.1377 of 1992 Chandan Singh Vs. State of Haryana and another 3. RFA No.1378 of 1992 Rajinder Singh and others Vs. State of Haryana and another 4. RFA No.1379 of 1992 Guljar Singh Vs. State of Haryana and another 5. RFA No.1380 of 1992 Daljit Singh Vs. State of Haryana and another 6. RFA No.1381 of 1992 Teja Singh and others Vs. State of Haryana and another 7. RFA No.1384 of 1992 Tejpal Singh and others Vs. State of Haryana and another R.F.A.No.1376 of 1992 2 Sr. No. Case Number Parties Name 8. RFA No.1759 of 1992 Bakhtawar Singh-deceased (represented by his L.R.s) Vs. State of Haryana and another 1009 bighas 6 biswas (210 Acre 1 bigha 6 biswas) of land was intended to be acquired situated in village Rampur Gainda vide notification dated 28.11.1980 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') for the public purpose i.e. for plantation of trees to avoid the soil erosion. The declaration under Section 6 of the Act was published on 17.10.1983. The Land Acquisition Collector announced its Award on 20.3.1986, awarding Rs.1500/- per acre. Dis-satisfied with the amount of compensation awarded by the Land Acquisition Collector, the land-owners have sought references under Section 18 of the Act. The learned Reference Court vide its Award dated 1.2.1992 determined Rs.2000/- per acre as the market value. Still aggrieved, the land-owners are in appeal before this Court. Before the learned Reference Court, the appellants have relied upon mutations in respect of sale of land in villages Bhattuwala and Kathgarh. Such mutations were not taken into consideration in evidence by the Reference Court. To meet out the said objection, the land-owners have moved an application for additional evidence bearing C.M. No.1897-C of 2000. The said application was allowed by this Court vide order dated 4.8.2000. Therefore, the objections regarding non-production of sale instances as considered by the learned Reference Court does not survive. Learned counsel for the appellant(s) has vehemently argued that there is no sale ever effected in the revenue estate of Village Ramgarh Gainda. Therefore, the sale instances of adjoining villages i.e. R.F.A.No.1376 of 1992 3 Bhattuwala and Kathgarh, which have been produced by way of additional evidence form a reasonable basis for determining the market value. Even if a reasonable ratio of development cut is applied, still the sale instances being of adjoining land provides the best evidence to determine the market value of the acquired land. It is argued that PW-1 Yudhbir Singh has deposed in his examination-in-chief that the land of Villages Bhattuwala and Kathgarh is adjoining to the land in dispute. So was in the statement of RW-1 Vajinder Singh, Range Forest Officer, who has deposed that the land of villages Bhattuwala and Kathgarh adjoins the acquired land. I have heard learned counsel for the parties. Though the oral evidence is that of villages Bhattuwala and Kathgarh are adjoining to the land in dispute, but the location of the land vide which the land was sold vide the sale deeds produced on record is anyway comparable with the land acquired is not available. In the absence of any evidence to find out the proximity of land, subject matter of the sale deeds produced on the record with the land acquired, the reliance on the sale instances is not the best evidence. It has also come on record that the acquired land is not linked with any metalled road, is cut off during rainy seasons, is hillock and not cultivable and only babbar, a kind of grass is grown. But since the land is said to be adjoining to the villages Bhattuwala and Kathgarh, I am of the opinion that the land-owners are entitled to some amount of enhancement by way of rule of thumb keeping in view the sale instances of adjoining village. The learned Reference Court has determined the market value of the acquired land as Rs.2000/- per acre. The said price of the land R.F.A.No.1376 of 1992 4 acquired in the year 1980 is wholly inadequate. The same cannot be said to be less than Rs.4000/- per acre as the land sold in adjoining village is on higher price, though of small plots. Consequently, the present appeals are allowed. The market value is determined at Rs.4000/- per acre. The appellant(s) shall be entitled to statutory benefits contemplated under Sections 23(1)(A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended as well alongwith costs of the appeals. 05.11.2009 (HEMANT GUPTA) Vimal JUDGE