RFA No. 2343 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. RFA No. 2343 of 1993 Date of decision:- 30.10.2008 Hari Chand and others ...Appellants. Versus The State of Haryana and another ...Respondents. 2. R.F.A. No. 2178 of 1993 Bishan Singh and another ..... Appellants Versus State of Haryana and another ..... Respondents 3. R.F.A. No. 2203 of 1993 Hari Chand ..... Appellant Versus State of Haryana and another ..... Respondents 4. R.F.A. No. 2204 of 1993 Vijay Paul ..... Appellant Versus State of Haryana and another ..... Respondents 5. R.F.A. No. 2217 of 1993 Kartara & others ..... Appellants Versus State of Haryana and another ..... Respondents 6. R.F.A. No. 2339 of 1993 Makhni (deceased) through LRs & others ..... Appellants Versus State of Haryana and another ..... Respondents 7. R.F.A. No. 2340 of 1993 Jagmal Singh & another ..... Appellants Versus State of Haryana and another ..... Respondents 8. R.F.A. No. 2341 of 1993 Makhni (deceased) through LRs & others ..... Appellants Versus State of Haryana and others ..... Respondents RFA No. 2343 of 1993 2 9. R.F.A. No. 2342 of 1993 Om Parkash & others ..... Appellants Versus State of Haryana and another ..... Respondents 10. R.F.A. No. 2668 of 1993 (O&M) Ram Parshad (deceased) through LRs and others ..... Appellants Versus State of Haryana and another ..... Respondents 11. R.F.A. No. 2669 of 1993 (O&M) Fateh Singh and others ..... Appellants Versus State of Haryana and another ..... Respondents 12. R.F.A. No. 2670 of 1993 (O&M) Gaje Singh (deceased) through LRs and others ..... Appellants Versus State of Haryana and another ..... Respondents 13. R.F.A. No. 3421 of 1993 (O&M) Atmi ..... Appellant Versus State of Haryana and another ..... Respondents 14.. R.F.A. No. 3422 of 1993 (O&M) Ranjit ..... Appellant Versus State of Haryana and another ..... Respondents 15. R.F.A. No. 3423 of 1993 (O&M) Rattan Singh (deceased) through LRs and others ..... Appellants Versus State of Haryana and another ..... Respondents 16. R.F.A. No. 3424 of 1993 (O&M) Piare Lal and another ..... Appellants Versus State of Haryana and another ..... Respondents 17. R.F.A. No. 3637 of 1993 (O&M) Kanshi Ram (deceased) through L.Rs and another ..... Appellants Versus State of Haryana and another ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. P.C. Dhiman, Advocate for the appellants. RFA No. 2343 of 1993 3 (In RFA Nos. 2343,2178, 2203, 2217, 2339, 2341,2342 of 1993) Mr. Madan Pal, Advocate for Mr. Prem Chand Chaudhary, Advocate (In RFA Nos. 3421 to 3424, 2668, 3637 of 1993) Mr. Pritam Saini, Advocate (In RFA No. 2669 and 2670 of 1993) Mr. Lokesh Sinhal, AAG, Haryana. RAJESH BINDAL J. This order will dispose of bunch of appeals bearing RFA Nos. 2343, 2178, 2203, 2204, 2217, 2339, 2340, 2341, 2342, 2668 to 2670, 3421 to 3424 and 3637 of 1993 as the same arise out of a common acquisition. Briefly the facts are that the State of Haryana acquired land measuring 32.63 acres situated in Revenue Estate of village Bhambauli, Hadbast No. 435 Tehsil Jagadhri District Yamuna Nagar for the purpose of construction of 400 K.V. Sub Station Bhambauli (Yamuna Nagar) by notification dated 26.12.1989 issued under Section 4 of the Land Acquisition Act, 1894 (for short the Act). The Land Acquisition Collector determined the value of the acquired land at Rs. 75,000/- per acre. Dissatisfied with the award, the land owners filed objections which were referred to the learned Court below for consideration. On the basis of the material placed on record by the parties, learned Court below determined the value of the acquired land on Rs. 1,03,234/- per acre. It is against this award that the land owners are in appeal before this Court. Learned counsel for the land owners submitted that the basis adopted by the learned Court below for determination of the value of the acquired land is not in conformity with the settled principles of law. The sale deeds produced by the State showing the value of the land which was RFA No. 2343 of 1993 4 less than the award of the learned Collector could not have been considered as such. The most relevant piece of evidence in the form of sale deed Ex. P6 dated 16.8.1989 which was part of the acquired land has not been given its due weight. Genuineness of this sale deed was not disputed. It is further submitted that if the average of sale deed Ex. P6 is taken the same come out Rs. 1,90,000/- per acre and if a cut of 20% is applied, the value of the acquired land would come out Rs. 1,55,000/- per acre. In addition to this another sale deed relied upon by the land owners is Ex. P7 dated 16.8.1989 vide which 2 Kanals 10 marlas of land was sold at an average rate of Rs. 2,00,000/- per acre, this piece of land is also located just in the vicinity of the acquired land. It is further submitted that the acquired land had potential of urbanization as the same is situated at main Ambala-Jagadhri road near the Abadi of the village. Reliance has been placed on judgment of this Court in Nelson Fernandes and others versus Special Land Acquisition Officers, South Goa and others 2007 (2) RCR (Civil) 509 to submit that at the most a cut of 20% should be imposed keeping in view the fact that the sale transactions relied upon by the land owners in the present case are of 3 kanals and 2 kanals and 10 marlas, (Exs. P6 and P7), respectively. In response of the contentions by learned counsel for the landowners, the learned Additional Advocate General, Haryana submitted that as against the sale deeds produced by the land owners one of which is part of the acquired land and another is located in the vicinity thereof, the State had also produced sale deed dated 15.12.1989, Ex. R-3, vide which 1 kanal 10 marlas of land forming part of the acquired land was sold at average of Rs. 64,000/- per acre. Relying thereon, the submission is that RFA No. 2343 of 1993 5 this sale deed is also material piece of evidence, the land forming part therein having been acquired by the same notification. The award of the learned Court below is much more than the average value of land in the aforesaid sale deed Ex. R-3, accordingly, no further enhancement in the value of the land is possible. Heard, learned counsel for the parties and perused the record. A perusal of the record shows that the sale deed Ex. P6 vide which 3 kanals of land was sold for Rs. 71,250/- at an average price of Rs. 1,90,000/- per acre is part of the acquired land which is located almost on the other end of the land, the boundary of which abuts the main Ambala- Jagadhri road. The land forming part of Ex. P-7 is located nearby the acquired land. As far as the sale deed relied upon by the State is concerned, a perusal thereof shows that an area of 1 Kanal 10 marlas was sold for a sum of Rs. 12,000/-. A perusal of the sale deed, Ex. R-3, and the site plan Ex. R- 6 on record shows that it is 1/20th share in a large chunk of property located at two places, which has been sold. Part of the property out of which the share has been sold is forming part of the acquired land whereas some part is located in the vicinity thereof whereas another part of the chunk out of the share has been sold is located at far off place. Keeping this factor in view, I do not find it to be an appropriate piece of evidence which can be relied upon for determination of fair value of land in the present case as a small piece of 1 kanal and 10 marlas of land was purchased that too in a small proportion of share with other co-sharers therein and located at two different far off places. In my considered opinion, the sale deed Ex. P6 is the best piece of evidence which can be considered for the purpose of determination of RFA No. 2343 of 1993 6 fair value of land in the present case. The area dealt with therein is 3 kanals the average value per acre is Rs. 1,90,000/-. Considering the fact that this part of the land is located far off from the main road in the large chunk of acquired land which abuts the main Ambala-Jagadhri road. In my opinion, application of a cut of 30% keeping in view the smallness of the plot would be appropriate. Accordingly, reducing a sum of Rs. 57,000/- the value of the acquired land is determined at Rs. 1,33,000/- per acre. As far as the land abutting the main road is concerned, up to the depth of one acre from the main Ambala-Jagadhri road the land owners therein shall be entitled to an additional sum of 10% i.e. Rs. 13,300/- per acre making it a total of Rs. 1,46,300/- per acre as compensation. The appellants/land owners shall also be entitled to all other statutory benefits as are available under the Act. For the reasons stated above, the appeals are allowed. October 30 , 2008 (RAJESH BINDAL) ritu-II JUDGE