RFA No.1189 of 1991 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 1189 of 1991 Decided on December 08,2008. State of Haryana and another --Appellants vs. Smt.Daya Wati and others --Respondents Coram: Hon'ble Mr.Justice Rakesh Kumar Jain. Present: Mrs.Mamta Singhal Talwar,A.A.G.,Haryana, for the appellants. None for the respondents. Rakesh Kumar Jain,J: (Oral) This judgment shall dispose of two Regular First Appeals bearing R.F.A Nos.1189 and 1280 of 1991, as common questions of law and facts are involved therein. Land measuring 1.53 acres in village Sunderpur Tehsil and District Rohtak was notified under Section 4 of the Land Acquisition Act,1894 (for short 'the Act') dated 15.10.1980, published in the Official Gazette on 27.10.1981 followed by a notification of declaration under section 6 of the Act at public expense for a public purpose, namely for the construction of approach road through Bridge on Drain No.8 on the RFA No.1189 of 1991 2 Khidwali road. Although notification under Section 6 of the Act was issued in respect of land measuring 1.53 acres, but at the spot only 1.19 acres of land was found. The Land Acquisition Collector (for short, the Collector) vide his award No. 42 for the year 1984-85 dated 23.2.1985,classified the acquired land as under:- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - - -- - - - - S.No. Class of land acquired Area under Acquisition Kanal Marlas - - - - - - - - - - - - -- - - -- - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. Chahi 6 9 2. Nehri 3 19 3.G.M.Rasta 0 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - -- -- - 9 10 (1.19) acre - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - - - The Collector assessed the market valued of the acquired land @ Rs.10,000/- per acre for Chahi and Nehri land. The land owners/claimants filed objections under Section 18 of the Act. The learned Reference Court vide its award dated 05.1.1991 determined the compensation @ Rs.60,000/- per acre while relying upon sale deed Ex.P1. The learned Reference Court observed that the value per acre from the sale deed Ex.P1 is Rs.74,667/-. The sale deed Ex.P1 is dated 22.9.1981 whereas the notification in the present cases under Section 4 of the Act was issued on 27.10.1981. It was also found that as per the site plan produced by the State, area of Ex.P1 was found situated near the Rohtak-Jind Road while the acquired land was situated by the side of a link road. Therefore, keeping in view the fact that the land covered by sale deed Ex. P-1 is situated at a distance of 7/8 killa from the acquired land and was on the Rohtak-Jind road. Since the acquired land was on the link road, a sum of Rs.74,667/- was reduced and RFA No.1189 of 1991 3 compensation has been awarded @ Rs.60,000/- per acre. Mrs. Mamta Singhal Talwar, A.A.G.Haryana, appearing for the appellants-State has vehemently contended that the learned Reference Court has committed an error in relying upon sale deed Ex.P-1 which is located at a considerable distance from the acquired land and cannot be adopted as a base for the purpose of determination of compensation in these cases. After hearing the learned counsel for the appellants, I am of the view that there is no error in the approach of the learned Reference Court because it has come in the evidence that the area covered by sale deed Ex.P-1 is at a distance of 7/8 killas from the acquired land, inspite of that the learned Reference Court has reduced Rs.74,667/- from the value of sale deed Ex.P-1 which is in close proximity of time of the acquisition having been executed on 22.9.1981 whereas notification Section 4 of the Act was issued on 27.10.1981. In view of the above discussion, I do not find any merit in these appeal and the same are hereby dismissed. No costs. December 08,2008 (Rakesh Kumar Jain) RR Judge