R.F.A. No. 820 of 1993 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.F.A. No. 820 of 1993 Date of Decision : 9.11.2009 Mohinder Singh .......... Appellant Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Amarjit Markan, Advocate for the appellant. Mr. R.L. Gupta, Addl. A.G. Punjab for the respondent. **** VINOD K. SHARMA, J. This appeal by the land-owner claimant is directed against the award passed by the learned Addl. District Judge, Patiala, on a reference under Section 18 of the Land Acquisition Act. The land of the appellant was situated at village Sher Majra, Tehsil and District Patiala for construction of Patiala Bye-pass. The notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act” ) was issued on 22.5.1981. The Land Acquisition Collector made an award by fixing market value of the acquired land at Rs. 50,000/- per acre. The appellant being dissatisfied with the award of the land Land Acquisition Collector sought reference under Section 18 of the Act R.F.A. No. 820 of 1993 2 claiming therein, that the market value of the land was Rs. 90,000/- (Rupees ninety thousand only) per acre, though, in the replication filed to the reply, he claimed the compensation at Rs. 1,90,000/- ( Rupees one lac and ninety thousand only ). The reference was contested by the State by taking a pleam that the market value has been rightly assessed at Rs. 50,000/-(Rupees fifty thousand only) per acre. On appreciation of evidence, the learned reference Court was pleased to hold that the market value of the acquired land on the date of issuance of notification under Section 4 of the Act, was Rs. 1,05,000/- ( Rupees one lac and five thousand only ) per acre. This finding was recorded on the basis of judgment Ex. P-2 passed by this Court in RFA No. 1435 of 1989. The learned reference Court also held appellant entitled to Rs. 5,000/- ( Rupees five thousand only ) per acre as severance charges on account of acquisition of land. The appellant was, however, given compensation for the acquired land only at Rs. 90,000/- ( Rupees ninety thousand only ) per acre, on the ground, that in the reference sought under Section 18 of the Act, the appellant had claimed compensation @ Rs. 90,000/- ( Rupees ninety thousand only ) per acre and not the one assessed by the learned reference Court. Mr. Amarjit Markan, learned counsel appearing on behalf of the appellant challenged the award, primarily on the ground, that the reference Court misread the pleadings of the appellant to hold, that the R.F.A. No. 820 of 1993 3 appellant had claimed only Rs. 90,000/- ( Rupees ninety thousand only ) per acre. It was contended by the learned counsel for the appellant, that the appellant had mentioned that the compensation awarded was less than the market price, potential value and utility of the aforesaid land which is Rs. 90,000/- ( Rupees ninety thousand only ). The learned counsel for the appellant also referred to the replication filed wherein he had claimed the compensation @ Rs. 1,90,000/- ( Rupees one lac and ninety thousand only ) per acre. It was contended, that even in the evidence the appellant had claimed the compensation at Rupees three lac, therefore, it could not be said that the appellant had claimed only Rs. 90,000/-, as held by the learned reference Court. Even if it is taken that the appellant had mentioned Rs. 90,000/- ( Rupees ninety thousand only ) in the reference filed under Section 18 of the Act, though, in the replication the amount mentioned was Rs. 1,90,000/-, ( Rupees one lac and ninety thousand only ), it cannot be a ground to deny the compensation @ Rs. 1.05,000/-( Rupees one lac and five thousand only ) in view of the law laid down by the Hon'ble Supreme Court in Bimasha Vs. Special Land Acquisition Officer and another, 2009(3) RCR ( Civil ) 155 : 2009(3) RAJ 622 : 2008(10) Supreme Court Cases 797,wherein the Hon'ble Supreme Court has been pleased to lay down, that the claimants are not bound by the compensation claimed in reference. The judgment passed by the Hon'ble Supreme Court reads as under: - R.F.A. No. 820 of 1993 4 “4. The land acquisition officer fixed the market value of the acquired land at the rate of Rs.13,100 per acre for dry land and Rs.1000 for phot kharab land. On a reference made under Section 18 of the Land Acquisition Act, 1894 the trial court awarded compensation at the rate of Rs.36,200 per acre. On appeal, the High Court referred to the yield notification and price list issued by the competent authority as also the average price of both the crops in relation to the relevant year and concluded that market price of the land comes to Rs.66,550 per acre. However, the High Court refused to award compensation at the said rate on the premise that the appellant had claimed compensation at the rate of Rs.58,500 per acre. 5. We have heard learned counsel for the parties and perused the record. In the impugned order the High Court, after taking note of the yield notification issued by the Government and price list notified by the competent authority for crops (both are public documents) concluded that market value of the land is Rs.66550 per acre. Therefore, the appellant's omission to make appropriate claim before the High Court after paying the requisite court fee cannot be castigated as one lacking bona fide. 6. In our view, the High Court should have, after taking note of the peculiar facts of the case and the market value determined by it, awarded higher compensation to the appellants subject to the condition of paying the balance court fee. R.F.A. No. 820 of 1993 5 This, having not been done, we feel that ends of justice could be met if the impugned order is suitably modified. 7. Accordingly, the appeal is allowed, the impugned judgment is modified and the market value of the land fixed by the High Court is enhanced to Rs.66,550 per acre. This order, however, will be subject to the payment of further amount of court fee to be assessed by the Registry of the High Court. After assessment, the Registry shall intimate the deficit amount of court fee to be payable by the appellant to his counsel, which shall be paid within two months from the date intimation is received by the counsel from the High Court.” It is made clear, that if a proper court fee, as per the market value assessed has not been paid, the appellant may make good the court fee, within one month of receipt of certified copy of this order. This appeal is accordingly allowed. The compensation of the land is enhanced to Rs. 1.05,000/-( Rupees one lac and five thousand only ) per acre. The appellant shall also be entitled to a sum of Rs. 5,000/- ( Rs. five thousand only ) per acre as severance charges. The appellant shall further be entitled to all statutory benefits like solatium, interest etc. under the Act on the enhanced compensation. No costs. 9.11.2009 ( VINOD K. SHARMA ) 'sp' JUDGE