RFA No. 4176 of 2002 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: May 05, 2009 R.F.A. No. 4176 of 2002 (O&M) Harbhajan Singh .. Appellant Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Arun Nehra, Advocate for the appellant. None for the respondent. Rajesh Bindal J. The land owner is in appeal against the award of the learned court below seeking further enhancement of compensation for the acquired land. Briefly, the facts are that the land measuring 18 marlas, situated in village Mataur, Ward No. 6, Anandpur Sahib was acquired by the State Government vide notification dated 4.12.1998, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for construction of Tourist and Reception Centre. The Land Acquisition Collector (for short, `the Collector') assessed the market value @ Rs. 4,50,000/- per acre for Chahi/Nehri land within 40 karams from the road and Rs. 3,00,000/- per acre for the land beyond 40 karams from the road. Aggrieved against the award of the Collector, the land owner filed objections which were referred to the learned Additional District Judge, Rupnagar, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ Rs. 30,000/- per marla. Learned counsel for the land owner submitted that the court below has totally failed to appreciate the evidence led by him on record considering the strategic location of the land, which admittedly is located in front of Dashmesh Academy and National Highway Chandigarh-Nangal road is hardly at a distance of 200 yards from the acquired land. Historical Gurdwaras like Sri Qila Anandgarh Sahib, Sri Kesgarh Sahib, Gurdwara Shaheedi Bag and other religious places are in the vicinity of the acquired land. Guru Teg Bahadur Khalsa College Anandpur Sahib and Govt. High School is at a distance of 200 yards. Three star Ashok Hotel adjoins the acquired land. Petrol pump and police station are also near the acquired RFA No. 4176 of 2002 [2] land. A park is in front of the acquired land. He further submitted that the acquired land is a small plot of 18 marlas forming part of khasra No. 6/11/2 (12 marlas)and 6/20/1 (6 marlas). Relying upon sale deed (Ex. P1) and referring to site plan (Ex. P7), it was submitted that the land measuring 16 marlas, which is located adjoining to the acquired land, was sold vide sale deed dated 22.11.1996 at an average price of Rs. 28,125/- per marla. Considering the fact that the sale deed was registered two years prior to the date of acquisition and the land being strategically located in a town of historical importance, the land owner is entitled to at least further increase @ 10% per annum. If that is counted, the value of the acquired land would come out to Rs. 33,750/- per marla. Learned counsel for the State submitted that he is unable to argue the case in the absence of any sanction from the government to defend the same. Accordingly, the appeal is being decided after hearing learned counsel for the appellant and perusing the record. As far as location of the land is concerned, the facts, as have been noticed by the learned court below and referred to above, are not in dispute. The same are even evident from the site plan (Ex. P7) on record. Now coming to the issue of determination of fair value of the acquired land. In my opinion, the present case is one of the few cases where quite relevant evidence is available, which can safely be relied upon for the purpose of determination of fair value of the acquired land and the same is sale deed (Ex. P1). A perusal of site plans (Ex. P2 and Ex. P7), placed on record, shows that the land forming part of sale deed (Ex. P1) is located adjoining the acquired land on the road. The area dealt with therein is almost equal to the acquired land, as the same is 16 marlas, whereas the acquired land is a small chunk of land measuring 18 marlas. Considering the fact that the aforesaid sale deed was registered two years prior to the date of acquisition, genuineness thereof is not in dispute. The average price paid in the aforesaid sale deed is Rs. 28,125/- per marla. The learned court below had awarded compensation to the land owner @ Rs. 30,000/- per marla, referring to the earlier acquisition carried out on 12.11.1997, but in my opinion, as compared to that, sale deed (Ex. P1) would be the relevant piece of evidence and there is merit in the submission of learned counsel for the land owner that the appellant is also entitled to further increase thereon @ 10% per annum. Adding Rs. 5,625/- therein, the land owner shall be entitled to compensation @ Rs. 33,750/- per marla for the acquired land. The appellant shall also be entitled to all statutory benefits available under the Act. RFA No. 4176 of 2002 [3] The appeal is disposed of in the manner indicated above. (Rajesh Bindal) Judge May 05,2009 mk