RFA No.819 of 1991 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.819 of 1991 & Xobj. No.65-CI-1991 Date of decision: 12.12.2008 **** State of Haryana . . . . Appellant(s) Vs. Lila Ram . . . . Respondent(s) **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Ms.Mamta Singhal Talwar, AAG, Haryana, for the appellant(s). Mr.R.A. Yadav, Advocate, for the respondent(s). **** RAKESH KUMAR JAIN J. (ORAL) This judgment shall dispose of 3 Regular First Appeals bearing Nos. 819, 820, 878 of 1991 filed by the State of Haryana and 2 X-objections bearing Nos.65 & 67-CI of 1991 filed by the landowners/claimants, as identical questions of law and facts are involved in these matters. Land in village Bawana, Tehsil and District Mahendergarh was acquired by the State Government (Irrigation Department) with the issuance of the notification under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’), published in the official Gazette on 24.8.1973, followed by a notification of declaration issued under Section 6 of the Act on the same date, at RFA No.819 of 1991 - 2 - public expense, for the public purpose, namely, for the construction of Bawana Distributory. Land Acquisition Collector (in short ‘the Collector’) vide his award No.33 dated 29.6.1983 awarded compensation of the land to the landowners at the following rates: “Chahi : Rs.6600/- per acre. Barani : Rs.5057 per acre Bhood : Rs.4400/- per acre & Banjar/Gair Mumkin : Rs.2200/- per acre” In the reference under Section 18 of the Act, it was alleged that the value of land at the time of the acquisition was ranging between Rs.40,000/- to Rs.60,000/- per acre. It was alleged that the Collector has awarded a meager compensation ignoring the potentiality of the acquired land. On the other hand, in the written statement, it was alleged that the compensation has been awarded by the Collector as per the rates prevailing in the market. Both the parties led oral as well as documentary evidence. The learned reference Court relying upon the sale instance Ex.P1, whereby land measuring 8 kanals situated in village Bawana was sold for Rs.14,000/- by Ishwar Chand etc. on 26.5.1978 comprising in Killa No.46/4 and as per jamabandi Ex.P5, came to the conclusion that the kind of the land sold was Barani and for that purpose, assessed the market value of Barani land @ Rs.14,000/- per acre and of Bhood land @ Rs.11,000/- per acre. Learned counsel for the appellant has vehemently contended that the learned reference Court has committed an error RFA No.819 of 1991 - 3 - of law in not given due appreciation to the sale deeds Ex.R1 and Ex.R2 tendered by the State. I have heard Ms.Mamta Singhal Talwar, AAG, Haryana appearing on behalf of the State/Appellant(s) and perused the record with her assistance. Insofar as sale deed Ex.R1 is concerned, it pertains to land, measuring 13 kanals 8 marlas sold on 24.6.1978 by Kishan Chand for a sum of Rs.5000/- which comes to Rs.2877/- per acre. Sale deed Ex.R2 pertains to land measuring 13 kanals 15 marlas sold by Kishan Chand on 24.6.1978 for a sum of Rs.5000/- which comes to Rs.2900/- per acre. Therefore, in my view, both the sale deeds have been rightly ignored by the learned reference Court because the value of these sale deeds is less than the award of the Collector. No other point has been raised. In view of the above discussion, I do not find any merit either in the appeals filed by the State or Cross-Objections filed by the claimants/Landowners. As such, the present appeals as well as Cross-Objections are hereby dismissed without any order as to costs. (RAKESH KUMAR JAIN) 12.12.2008 JUDGE vivek