RFA No.1438 of 1988 (25 Cases) 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 1438 of 1988 Decided on August 22,2008. The Land Acquisition Collector,Punjab and another ---Appellants vs. Shri Ram --- Respondent Present: Mr.Manohar Lall,Addl.A.G.,Punjab, for the appellants None for the respondent (s). Rakesh Kumar Jain,J: This judgment shall dispose of RFA Nos. 1438, 1047 with Cross Objection No.85-CI of 1990,1439 to 1457, 1465,1437 and 708 with Cross Objection No. 78-CI of 1990 all of 1988 filed by the appellants arising out of the same award as the common questions of law and facts are involved in the same. Vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), dated 07.9.1983,published in the Government Gazette dated 23.9. 1983, an area of 5.68 acres of land in the revenue estate of village Laroaya, Tehsil and District Jalandhar,was acquired for the construction of Bhogpur -Bholath Road. The Land Acquisition Collector, announced the award in respect of the acquired land which could not satisfy the claimants, therefore, the objections were filed under Section 18 of the act, which RFA No.1438 of 1988 (25 Cases) 2 were referred to the Civil Court and in the claim petitions, the land owners generally demanded Rs. 5000/- per marla and alleged that the Collector had ignored potential value of the acquired land as it is situated near the National Highway (Jalandhar -Pathankot Road) and on the main road leading from Bhogpur to Bholath. In the reply, it was alleged that compensation was awarded keeping in view all aspect of the case. So far as National Highway (Jalandhar-Pathankot Road), is concerned, the same is situated far away from the acquired land and the compensation awarded to the landowners is quite fair and reasonable because the Land Acquisition Collector while giving award had taken into consideration the potential value of the land in question. Both the parties led oral as well as documentary evidence. The Court below had noticed that the claimants have led evidence of PW-1 Lekh Ram, PW-2 Nirmal Singh, PW-3 Shiv Ram, PW-4 Gurcharan Singh, PW-5 Shiv Ram, PW-6 Nand Singh, PW-7 Livtar Singh, PW-8 Jagar Mal, PW-9 Karam Singh, PW-10 Tarsem Lal, PW-11Mohinder Singh, PW-12 Anandpal Singh, PW-13-Harbans Singh, PW-14 Narinder Singh, PW-15 Nand Lal, PW-16 Siri Ram, PW-17Sarswati, PW-18 Jagdish Mitter, PW-19 Tarlochan Singh and PW-20 Bhupinder Singh, whereas the State had examined Bahadur Singh Patwari as RW-1 and tendered into evidence certified copy of sale deed dated 21.3.1974 Ex. P-11 and certified copy of the judgment dated 15.10.1985 Ex. P-12. After examining the entire evidence on record, the reference Court assessed the market value of the acquired land @ Rs. 750/- per marla. Mr. Manohar Lall, Addl. Advocate General, appearing for the State of RFA No.1438 of 1988 (25 Cases) 3 Punjab/appellants has argued that the Court below has erred in assessment of the compensation as the same has been assessed at a very high price and deserves to be reduced. It is further argued by him that the land in question is not situated near the National Highway (Jalandhar-Pathankot Road), therefore, it has no such potential value as determined by the Court below. No one has put in appearance on behalf of the respondent. I have heard counsel for the appellants and have perused the record. The Court below has found that as per evidence, link road ( Bhogpur- Bholath) bifurcates the National Highway from Jalandhar- Pathankot Road and the acquired land is situated on the link road. It was found that some of the acquired land is situated near the National Highway and some abuts the link road and some is quite near abutting on either side of the road. It was also found that location of the land was such that it has potential value for being used for residential as well as commercial purposes because some shops and residential houses are already in existence on a part thereof , namely along-with the Bhogpur-Bholath road which bifurcates the National Highway. The Court below had referred to the statement of Bahadur Singh Patwari -RW1 working in the office of Land Acquisition Collector, who admitted that there is a Government Girls High School near the acquired land,though it is a distance of 3 furlong. The Court below after considering the evidence that there were shops, houses constructed on the acquired land and there was petrol pump, Govt. Girls High School, Bay bridge, Chakki near the acquired land, assessed the market value @ Rs.750/- per marla. In view of the above, counsel for the appellants has failed to point out any error in the judgment of the Court below, much less RFA No.1438 of 1988 (25 Cases) 4 substantial, therefore, I do not find any reason to disturb the findings recorded by the Court below. Hence, all the appeals filed by the State being without any merit, are hereby dismissed. However, there will be no order as to costs. August 22,2008 (Rakesh Kumar Jain) RR Judge