RFA No.1827 of 1993 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.1827 of 1993 Date of decision: 17.12.2008 **** State of Haryana . . . . Appellant(s) Vs. Chattar Singh . . . . Respondent(s) **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Rajiv Kawatra, Sr. DAG, Haryana , for the appellant(s). None for the respondent(s). **** RAKESH KUMAR JAIN J. (ORAL) This judgment shall dispose of 13 Regular First Appeals bearing RFA Nos.1827 to 1839 of 1993 as common questions of law and facts are involved therein. The facts are, however, being taken from RFA No.1827 of 1993 titled as “State of Haryana vs. Chattar Singh”. Land measuring 11.15 acres of village Lochab Tehsil and District Jind was acquired, vide notification issued under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’) on 2.3.1987 and published on 24.3.1987, followed by a notification of declaration issued under Section 6 of the Act on 8.10.1987 and published on 3.11.1987, at public expense, for a public purpose, namely, for the construction of Jind Safidon Road. RFA No.1827 of 1993 - 2 - The District Revenue Officer-cum-Land Acquisition Collector, Haryana, PWD, B&R Branch, Jind (in short ‘the Collector’) vide his award No.7J for the year 1987-88 dated 9.2.1988 categorized the acquired land as under: - S.No. Class of the land acquired Area under acquisition (K) (M) 1. Nehri 9 8 2. Chahi 10 1 3. Banjar Qadim 1 12 4. Gair Mumkin Dharamshala 0 3 5. Gaim Mumkin Khal 0 2 6. Gair Mumkin Johar 0 10 7. Gair Mumkin Rasta 0 2 TOTAL 21 18 The Collector determined the compensation @ Rs.20,000/- per acre for Chahi/Nehri/Gair Mumkin Khal/ Gair Mumkin Dharamshala land and @ RS.12,000/- per acre for Gair Mumkin Johar/ Banjar Qadim. The claimants filed objections under Section 18 of the Act which was sent by the Collector to the Civil Court for adjudication. Both the parties led their respective evidence. The learned reference Court relied upon the sale deed (Ex.R1) dated 3.6.1985 whereby land of village Lochab measuring 15 kanal 18 marlas was sold for a consideration of Rs.35,000/-, which comes to Rs.17,600/- per acre. The learned reference Court took a notice of the rising trend of the value of the real estate, RFA No.1827 of 1993 - 3 - therefore, granted 12% increase from 3.6.1985 to 24.3.1987 and calculated the market value of the acquired land at Rs.22,000/- per acre. Thereafter, the learned reference Court while taking into consideration the other factors like that the earth was lifted from their acquired land, standing crop was damage, the land of Dharambir was bifurcated into two parts rendering the same unfit for cultivation and that the land was fit for installation of the pipe factory, granted another amount of Rs.3,000/- making it Rs.25,000/- per acre for Nehri/Chahi/Gair Mumkin, Gair Mumkin Khal, Gair Mumkin Dharamshala land. Besides, the learned reference Court granted all the statutory benefits in terms of the provisions of the amended Act. As a result, the compensation was granted @ Rs.25,000/- per acre instead of Rs.20,000/- per acre as awarded by the Collector. Mr. Rajiv Kawatra, Sr.DAG, Haryana, appearing on behalf of the appellant/State, has vehemently contended that the learned Reference Court had no jurisdiction to grant Rs.30,00/- more even after giving 12% increase for gap of two years i.e. from 3.6.1985 to 24.3.1987. I have heard learned counsel for the appellant and perused the record. The learned reference Court has taken into account sale deed (Ex.R1) dated 3.6.1985 tendered by the respondent pertains to sale of land of the same village from where the land has been acquired in the present case and concluded that at the time of sale, the market value of the land was Rs.17,600/- per acre. Keeping in view the phenomena of increase in the price of the real estate, the RFA No.1827 of 1993 - 4 - learned reference Court awarded 12% increase per year for the gap of two year i.e. 3.6.1985 date of sale deed and 24.3.1987 date of notification under Section 4 of the Act, and arrived at a rate of Rs.22,000/- per acre. The learned reference Court has further taken into account the other attending circumstances with regard to the location and potentiality of the land and it was deemed expedient to grant another sum of Rs.3000/- as compensation. In my view, the approach of the learned reference Court is, in no way, erroneous and is in accordance with the facts and circumstances of the present case and the award of compensation of Rs.25,000/- is just and adequate for the acquired land. Thus, in view of the above discussion, I do not find any merit in the present appeals and the same are hereby dismissed, however, without any order as to costs. (RAKESH KUMAR JAIN) 17.12.2008 JUDGE vivek