RFA No.5015 of 2010 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. RFA No.5015 of 2010 (O&M) Date of decision: 28.7.2011 Punjab State Transmission Corporation Ltd. ...Appellant vs Surjeet Singh and others ....Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Sukhbir Singh, Advocate, for the appellant. -- Rakesh Kumar Garg,J. C.M.No.9615-16 C1 of 2011 Applications are allowed subject to all just exceptions. Memo of parties be corrected, accordingly. C.M.No.1215-CI of 2010 In view of the orders in C.M.Nos.9615-16-CI of 2011, this application does not survive. C.M.No.12514-C1 of 2010 There is a delay of 21 days in re-filing this appeal. After hearing learned counsel for the applicant, the aforesaid delay is condoned. C.M stands allowed. RFA No.5015 of 2010 By way of instant appeal the appellant has challenged the impugned award dated 10.3.2010 passed by the Reference Court submitting that the market value of the acquired land measuring 16 kanals has been RFA No.5015 of 2010 2 determined at a higher rate and has prayed for reduction in the same. Briefly stated the facts of the case are that land of the respondents was acquired by the State of Punjab vide notification dated 10.9.2004 issued under section 4 of the Land Acquisition Act, 1894 ( for short “the Act”) for construction of Power House at the instance of the appellant. The Land Acquisition Collector announced the award on 6.3.2006 and determined the market value of the land at Rs.4 lacs per acre. The respondent-claimants filed reference applications under section 18 of the Act, against the aforesaid award of the Collector. Before the Reference Court, respondents examined Gurmail Singh PW1, Tara Singh PW2, Resham Singh PW3, Jagdev Singh PW4, Janak Singh,HRC, D.C.Office, Ferozepur PW5, Mangat Singh PW6 and Harmeet Singh PW7, and also tendered copies of sale deeds Exs.P11 to P14 into evidence. On the other hand, the appellants have examined RW1 Mohinder Singh Patwari PW1 and tendered sale deeds Exs.R2 to R6 and a copy of the award dated 19.2.2003 Ex.P7 into evidence. After hearing the learned counsel for the parties and appreciating evidence on record, the Reference Court determined the compensation at Rs.8 lacs per acre. Learned counsel for the appellant has argued that application of Collector's rates of Rs.5000/- per marla which was for the purpose of residential area to determine the market value of the acquired land which was agricultural land was erroneous. Learned counsel for the appellant has further argued that even the sale deeds Ex.P4 and P5 could not have been relied upon by the Reference Court firstly because they pertain to small pieces of land and secondly, the property was sold six years prior to the notification under section 4 of the Act. Lastly, it was contended that the RFA No.5015 of 2010 3 yearly increase for escalation of the price at the rate of 10% could not be given beyond the date of notification under section 4 of the Act, i.e. 10.9.2004 whereas, the Reference Court has granted the same upto the year 2006 and thus the impugned award was liable to be quashed. I have heard the learned counsel for the appellant and have perused the impugned award as also the record of the case with the help of learned counsel for the appellant. A perusal of the impugned award would show that on the three sides of the acquired land, is the already acquired land of appellant and there is a residential colony. In the site plan Ex.P10 the acquired land has been shown to be abutting the grain market. RW1 has also admitted in his cross examination that grain market is situated at a distance of about 500 meters from the acquired land which falls in Rect No.40 and 41. RW1 further admitted that residential colony of PSEB is in existence. It has also been admitted by him that the Power House is in existence around the acquired land in Khasra No. 15 and 11. Thus, from the aforesaid evidence, it is clearly established that situation of the acquired land is falling in between the Power House and the residential colony meant for the employees of the PSEB. Thus, it cannot be denied that the acquired land has potentiality of residential as well as commercial growth. It is not in dispute that Collector rate for the land for residential purpose is at Rs.5000/- per marla i.e. Rs.8 lacs per acre. Not only this, vide Ex.P4 land measuring 2 kanals 10 marlas was sold for Rs.1.5 lacs on 30.11.1998 (per acre value comes to Rs.4.80 lacs) and if an yearly escalation of 12% per year is given i.e. 72% of the value (i.e, Rs.3,45,600/-) then total market value comes out at Rs.8,25,600/-. RFA No.5015 of 2010 4 In the aforesaid view of the matter, no interference is called for in the impugned award and the determination of the market value of the acquired land at the rate of Rs.8 per acre is just and proper. Dismissed. (Rakesh Kumar Garg) Judge July 28, 2011 rk