RFA No.366 of 1991 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 366 of 1991 Decided on November 04,2008. The Punjab State and another -- Appellants vs. Smt.Surinder Kaur --Respondent. Present: Mr.N.S.Pawar,Addl.A.G.Punjab, for the appellants None for the respondents. Rakesh Kumar Jain,J: This order shall dispose of four appeals filed by the State of Punjab, i.e. RFA Nos. 366,367,368 and 369 of 1991, as common questions of law and facts are involved therein. Land measuring 12 kanals 5 marlas situated in the revenue estate of village Dakoha, was proposed to be acquired for which notification under Section 4 of the Land Acquisition Act 1894 (for short,'the Act') was issued on 28.2.1980 followed by a notification of declaration dated 6.11.1980 issued under Section 6 of the Act. The land was acquired for public purpose, namely, for the expansion of P.A.P Lines, Jalandhar Cantt. The Land Acquisition Collector, determined flat rate of the RFA No.366 of 1991 2 acquired land at Rs.50,000/- per acre. The landowners/claimants invoked the jurisdiction of the learned Reference Court by filing objections 18 of the Act, in which it was alleged that the acquired land is surrounded by thickly populated residential and commercial area and some land has been sold @ Rs.4000/- per marla in the vicinity of the acquired land. In reply, it was alleged that the award of the Collector is just and reasonable and is in accordance with the prevailing market rate. Both the parties led their evidence in support of their cases and after appreciating the evidence on record, the Reference Court of learned District Judge, Jalandhar vide his award dated 18.5.1990 re-determined the compensation at a flat rate of Rs.1500/- per marla. Mr.N.S.Pawar, learned Addl.A.G. Punjab, appearing for the appellants has raised only one argument that the the learned Court below has committed an error by ignoring sale deed Ex. D1 dated 9.3.1979 pertaining to the same village of Dakoha of which acquisition is in question. I have heard learned counsel for the appellants and have perused the record with his assistance. The sale deed Ex. D1 dated 09.3.1979 pertains to 6 marlas of land situated in the revenue estate of village Dakoha which has been sold @ Rs.1500/- per marla. The average price of an acre works out to Rs. 40,000/-. The learned Reference Court has ignored the sale deed Ex. D1 on the ground that the amount received out of the sale deed is less than the award of the Collector, meaning thereby even this sale deed has not been considered by the Collector in his award. I am fully in agreement with the reasoning adopted by the RFA No.366 of 1991 3 learned Reference Court in respect of the sale deed Ex D1. Therefore, the award of learned District Judge, Jalandhar, dated 18.5.1990, is hereby upheld and all the appeals filed by the appellants- State of Punjab, are dismissed without any order as to costs. November 04 ,2008 (Rakesh Kumar Jain) RR Judge