RFA No.2092 of 1990 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 2092 of 1990 Decided on October 15,2008. State of Punjab through its Collector, Land Acquisition Collector, Industries Department Punjab, Chandigarh --- Appellant vs. Hardial Singh and others ---Respondents Present: Mr.N.S.Pawar, Addl.Advocate General, Punjab, for the appellants. None for the respondents. Rakesh Kumar Jain,J: (Oral) This order shall dispose of R.F.A. Nos. 2092, 2093, 2094,2095,2096,2097,2098,2099,2100,2101 and 2102 all of 1990 filed by the State of Punjab-appellant(s) as common questions of law and facts are involved therein. Vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short,'the Act') dated 4.2.1981, followed by declaration under Section 6 of the Act dated 18.11.1981, 180 kanals 12 marlas of land in village Taraf Kumbra, Tehsil Kharar, District Ropar was acquired for the public purpose, namely for expansion of Industrial Focal Point, Mohali (S.A.S.Nagar). The Land Acquisition Collector Industries Department,Punjab, RFA No.2092 of 1990 2 vide his award No. 3 for the year 1983-84 awarded compensation of acquired land as under:- (i)Chahi: Rs.85,000/- per acre (ii)Chahi Abi: Rs.70,000/-per acre (iii) Abi: Rs.55,000/-per acre (iv) Barani: Rs.30,000/- per acre and (v) Gair Mumkin: Rs.7500/- per acre. Unsatisfied with the award under Section 11 of the Act, objections under Sections 18 of the Act were filed by the claimants/landowners in which it was inter-alia averred that value of the acquired land is not less than Rs. 2 lacs per acre; that acquired land has potential value being its suitability and proximity to Chandigarh and Mohali and that it is surrounded by residential, industrial and commercial buildings. It was also claimed that classification of the acquired land into different categories is unwarranted. In the written statement, it was alleged that the acquired land is purely agricultural without potential and is away from Chandigarh and Mohali. The land in question is not surrounded by residential, commercial or industrial buildings and the classification of the land into different categories is on the basis of jamabandies. The claimants-landowners did not lead any oral evidence. However, they tendered three judgments,namely (Ex.P1) judgment of Sh. S.K.Jain, learned District Judge, Ropar dated 5.8.1986 delivered in the case of Labh Singh v. State of Punjab in which by virtue of the Collector's award in respect of the land of village Kumbra under the same notification, the value of Chahi , Chahi Abi and Abi land was assessed @ Rs.85,000/- per acre while rest of the land was assessed @ Rs. 25,000/- per acre. The second RFA No.2092 of 1990 3 judgment (Ex.P-2) is by Sh. P.S.Grewal, learned District Judge, Ropar dated 07.11.1988 in the case of Ajmer Singh v. State of Punjab, in which the Court had awarded Rs.85,000/- per acre for all the categories of land. The third judgment Ex.P-3 is delivered by Hon'ble Mr.Justice N.C.Jain in R.F.A. No. 2853 of 1986 in the case of Harchal Singh v. State of Punjab decided on 18.7.1989 by which the award of the Collector of the same date for village Kumbra giving the same rate as in the present case had been enhanced @ Rs.85,000/- per acre by the learned District Judge and was further enhanced to Rs. 1,75,000/- per acre by the High Court. As against this, the respondent (s) had examined Mohan Singh Patwari as RW1, who supported the averments made in the written statement and candidly accepted that village Kumbra adjoins Kambali and Taraf Kumbra was an uninhabited village. The present appellants also relied upon two sale deeds dated 14.7.1980 and 4.7.1980 which are Exs. R-1 and R-2. In these sale deeds, average price comes to Rs.61818 and Rs. 40220/-respectively. The learned Addl. District Judge, Ropar vide his order dated 21.3.1990 relied upon Ex.P-3 which pertains to village Kambali in which compensation has been awarded @ Rs.175,000/- per acre by the High Court. Mr.N.S.Pawar, learned Addl.A.G.Punjab, appearing for the appellant-State has contended that the amount of compensation that has been awarded to the claimants pertaining to village Kambali cannot be awarded in the case of village Kumbra as both the villages are distantly located. I have heard the learned counsel for the appellants and have perused the record with his assistance. RFA No.2092 of 1990 4 It is an admitted fact that no evidence has been led by the appellants in order to substantiate their contentions that villages Kumbra and Kambali are located at a distance,whereas Mohan Singh Patwari (RW- 1) has deposed that he has seen the acquired land which is 4 kilometers away from Chandigarh. It has been admitted in the cross examination that Chandigarh-Chunni road passes near the acquired land and the land of village Kambali adjoins this very land. In view of the fact that respondent No.1 who is Patwari has categorically stated that he has seen the acquired land and the land of village Kambali adjoins this land, the contentions raised by learned counsel for the appellants become meaning-less. Therefore, the view taken by the trial Court for the purpose of granting the compensation by relying upon document Ex. P-3( decision of this Court ) is fair and just. No other point has been raised by learned counsel for the appellant. In view of the above, I do not find any error much-less factual or legal in the decision of the Court below. Therefore, all the appeals filed by the appellants-State are hereby dismissed. No costs. October 15,2008 (Rakesh Kumar Jain) RR Judge