RFA NO.1409 of 1991 (18) 1 In the High Court of Punjab and Haryana at Chandigarh. RFA No.1409 of 1991 Decided on November 04 , 2008. Ram Sarup and another ---- Appellants vs. The State of Haryana through Collector, Sirsa, ---- Respondents Present: Mr..J.S. Thind, Advocate, for the appellants (in the appeals filed by the landowners/claimants and for the respondents in the appeals filed by the State of Haryana). Mr.H.S. Hooda, Advocate General, Haryana with Mr.Rajiv Kawatra, Sr.DAG, Haryana, for the respondents ( in the appeals filed by the claimants/landowners) and for the appellants (in the appeals filed by the State of Haryana). Rakesh Kumar Jain, J. This judgment shall dispose of 18 appeals filed by the claimants/landowners as well as by the State of Haryana, i.e. R.F.A Nos. 1409, 947, 1174, 943, 946, 1392, 942, 1512, 1490, 1488, 1514, 1513, 1489, 1511, 1510, 944, 945 all of the year 1991 and RFA No. 6 of 1992, as common questions of law and facts are involved therein. Vide notification dated 24.3.1987 published on 25.3.1987 issued under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) followed by a declaration under Section 6 of the Act, dated 1.9.1987 published on 5.9.1987, land RFA NO.1409 of 1991 (18) 2 measuring 10 acres of village Ludesar, Tehsil and District Sirsa, was acquired at public expense for a public purpose namely for the construction of Lined Parallel Baruwali Distributory from RD-o to 89000 Tail. The District Revenue Officer-cum-Land Acquisition Collector, Sirsa, vide his award No.14 for the year 1988-89 dated 6.7.1989, awarded Rs.12,000/- per acre for Nehri and Chahi land and Rs.9000/- per acre for Barani and Gair-mumkin land. The land owners were not content with the award announced under Section 11 of the act, as such, objections under Section 18 of the Act, were filed demanding Rs.1,50,000/- per acre for Nehri and Barani lands on the ground that the acquired land is first quality land being capable of yielding two crops in a year. It was further claimed that no compensation has been awarded on account of damages suffered by the claimants because of bifurcation of the land with construction of the distributory for which a sum of Rs.20,000/- per acre was also claimed. It was further asserted that no compensation has been awarded for the standing crops for which the claimants were also entitled @ Rs.10,000/- per acre and further no compensation has been awarded for damages suffered by the claimants which should have been assessed @ Rs.10,000/- per acre. In controversion, the respondent-State of Haryana averred that the compensation has been assessed as per location and kind of the land acquired after considering all other factors essential for determination of the market value of the land. It is further claimed that the land of the owners has been divided due to the construction of the parallel canal. It was stated that there was no standing crop at the time of taking the possession and that value of the land will increase by the construction of the parallel canal as it is to increase the command of irrigation. The land owners examined three witnesses i.e. PW-1 Radhey Ram, PW-2 Ram Partap and PW-3 Arjun Dass, a Halqa Patwari besides tendering the sale deed Ex.P-1, mutation Ex.P-2, copy of Aks-Sajra Ex.P-3, copy of sale deed Ex.P-4, certified copy of mortgage deed Ex.P-5, and copies of khasra girdawaris Ex.P-6 to P-9. On the other hand, the respondent-State of Haryana examined Balbir Singh Patwari as RW-2, Arjun Dass Patwari as RW-3, K.C. Bansal, S.D.O RFA NO.1409 of 1991 (18) 3 (Irrigation) as RW-4 and A.P. Chug, S.D.O. as RW-5, tendered certified copies of sale deeds and mutations Ex.R-1 to R-13, list of average price Ex.R-14, copy of khasra girdawari Ex.R-15 , copy of khasra girdawari Ex.R-16 and a copy of letter dated 07.5.1985 as mark RX. After considering the entire evidence on record, learned Addl. District Judge, Sirsa vide his award dated 28.9.1990 re-determined the market value of the acquired land to the tune of Rs.16,000/- per acre for Nehri land and Rs.12,000/- per acre for Barani land besides awarding all the statutory benefits as per the amended Act. Mr.J.S. Thind, learned counsel appearing for the appellants has contended that the Reference Court has committed a palpable error while discarding Ex.P-4 sale deed dated 17.3.1987 vide which the land was sold for a consideration of Rs.21,500/- per acre on the ground that it was at a distance of 8 or 10 killas from the acquired land. In this regard, he has referred to the finding recorded by the learned Court below in para 16 of its judgment which is reproduced below:- “ Regarding prevalent market price, it is apparent from Ex.P-4, a sale deed dated 17.3.1987 that the land mentioned in this sale deed was sold for Rs.21,500/- per acre. The distance of this land is stated to be 8 or 10 killas from the acquired land, whereas sale deed dated 3.7.1984 shows that the price of the mixed type of land was around Rs.16,500/- per acre and this land is also at a distance of 10 Killas from the acquired land. Even RW2 Arjun Dass, Patwari-Halqa has admitted in cross examination that the average price of the nehri land was around Rs.21,000/- per acre. Thus, from these instances, it is apparent that the market price of the nehri land was admittedly higher than awarded by the Land Acquisition Collector. The instances referred to by the learned Government pleader as deposed by RW-2 are at a greater distance from the acquired land as distance of the instances mentioned in Exs. R-2, R-6 and R-8 to R-10 is stated to be more than 30 killas. Moreover, the kind of land is also mixed in most of the instances. From these mutations, the terms and conditions of the sale and other factors, which concern the price of the land are not apparent. Therefore, these have to be ignored. Thus, RFA NO.1409 of 1991 (18) 4 keeping in view the distance of the land mentioned in Ex.P-4 from the acquired land, the prevalent market price of the nehri land is fixed at Rs.16,000/- per acre. Though, there is no much evidence regarding Barani land but keeping in view the comparative rise in the price of the nehri land, the claimants are entitled to Rs.12,000/- per acre as compensation for the barani land. The issue is answered accordingly”. On the other hand, learned counsel appearing for the State of Haryana has contended that in the light of documents Exs. R-1 to R-11 and statement of RW-2, the market price of the acquired land was not more than Rs.11,000/- per acre, whereas the land owners have been given price of Rs.12,000/- per acre for nehri land and Rs.9000/- per acre for barani land. I have heard learned counsel for the parties and have perused the record with their assistance. Insofar as the argument of learned counsel for the State of Haryana is concerned, documents Exs. R-1 to R-11 are mutations which cannot be taken into consideration and even RW-2 Arun Dass, Patwari Halqa, Ludesar has admitted in his cross examination that in the year 1987, average price of nehri land was more than Rs.21,000/- per acre. Reverting back to the contention of the learned counsel for the landowners/claimants, I am of the view that the findings recorded in para 16 of the judgment referred to above, are unwarranted and unsustainable in discarding the sale deed Ex.P-4 dated 17.3.1987 fetching Rs.21,500/- per acre only on the ground that distance of this land (Ex.P4) is 8 to 10 killas from the acquired land. In fact, no evidence has been led by the State of Haryana that the value of the land in village Ludesar changes after every 8 to 10 killas. Moreover, RW-2 Arjun Dass, Patwari Halqa himself has admitted that in the year 1987, average price of nehri land in the village Ludesar was Rs.21,000/- per acre. Therefore, it would be just and proper to fix the market value of the nehri land @ Rs.21,500/- per acre on the basis of the sale deed Ex.P-4 coupled with the statement of Arjun Dass, Patwari Halqa, Ludesar and also to give a proportionate increase in the value of barani land to the tune of Rs.4000/- per acre. In these circumstances, the appeals filed by the RFA NO.1409 of 1991 (18) 5 claimants/landowners are allowed. They shall be entitled to market value of Rs.21,500/-per acre for Nehri land and Rs.16,000/- per acre for Barani land besides all the statutory benefits in terms of the Provisions of the amended Act along-with costs of their appeals. The appeals filed by the State of Haryana are found to be without any merit, and the same stand dismissed without any order as to costs. November 04, 2008 (Rakesh Kumar Jain) RR Judge