RFA No.2397 of 1993 1 In the Punjab and Haryana High Court,at Chandigarh. RFA No. 2397 of 1993 Decided on February 19,2009. Bur Singh and others --Appellants vs. The State of Punjab and another -- Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.S.S.Chandi, Advocate, for the the appellants Mr.N.S.Pawar, Addl.A.G, Punjab, for the respondents. Rakesh Kumar Jain,J: (Oral) This judgment shall dispose of Five Regular First Appeals bearing Nos.2397,2394,2395,2396 and 2398 of 1993, filed by the appellants/claimants against the award of learned Addl. District Judge, Jalandhar dated 17.2.1993, vide which the compensation for the acquired land has been assessed @ Rs.2000/- per marla for chahi land and Rs.700/- per marla for other than chahi land. Since identical RFA No.2397 of 1993 2 question of law and facts are involved in these appeals, therefore, these are being decided by this common judgment. The facts, however, are taken from RFA No.2397 of 1993. Vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') dated 8.10.1987, followed by a notification of declaration dated 03.2.1988, land situated in village Lohian Sultanpur, was acquired for the purpose of widening of Lohian- Sultanpur Road. The Land Acquisition Collector (for short, the Collector) vide his award dated 19.11.1989 assessed the compensation of the acquired land @ Rs.1000/- per marla for chahi land and @ Rs.350/- per marla for the remaining land. Provoked by the inadequacy of compensation awarded by the Collector, the appellants filed objections under Section 18 of the Act and sought reference to the Civil Court. It was alleged that the land in question is located at the junction of Sultanpur Lohian Ferozepur Road near the Bus Stand of Lohian town. There are number of Rice Shellers, Railway Station, Railway Quarters and residential houses located quite adjacent to the acquired land. Petrol Pumps, Rest House and Grain Market are located near it. As per the claimants, the market value of the acquired land was not less than Rs.8000/- per marla. RFA No.2397 of 1993 3 The objections were contested by the State of Punjab/respondents, in which it was alleged that Lohian is a small town and only one or two shops are located adjacent to the acquired land. Rice shellers, Railway Station, Railway Quarters, Petrol Pump and Rest House are located at a far off place from the acquired land. It was maintained that the compensation awarded by the Collector is just and adequate and is in terms of the prevailing market rate at the time of acquisition Both the parties led their oral as well as documentary evidence in order to substantiate their respective claims and ultimately, the learned Reference Court vide its impugned award dated 17.2.1993 reassessed the compensation @ Rs.2000/- per marla for chahi land and @ Rs.700/- per marla for the remaining land. The land-owners were still dissatisfied with the award of the learned Reference Court, therefore, they have come up in the present appeals before this Court, which earlier came up for hearing before this Court on 26.7.2005 and were allowed. The learned Single Judge awarded the compensation @ Rs. 3150/- per marla besides awarding statutory benefits in terms of the provisions of the Amended Act. At the time when the order dated 26.7.2005 was passed by this court, no one had appeared on behalf of the respondent- RFA No.2397 of 1993 4 State-of Punjab. However, the order dated 26.7.2005 was challenged by the respondents by way of S.L.P before the Apex Court which was granted and Civil Appeal No. 1842 of 2008 titled as State of Punjab & Another. Vs. Kewal Singh Etc. was disposed of by the Apex Court on 07.3.2008 setting aside the order dated 26.7.2005 and remanded the matter to the High Court for fresh disposal after hearing both the parties. After the remand, these appeals have once again come up for final hearing before this Court. At the outset, learned counsel for the appellants/claimants has referred to the documentary evidence available on the file in the shape of sale deeds which are tabulated as under:- - - - - - - - - - - - - - - - - - -- - - - - - - - - - -- - - - -- - - - - - - - - - - - - - Documents Land sold in Marlas Price Ext.P-2 dt.20.5.87 0-10 Rs.31,500.00 Ext.P-3 dt.25.5.87 0-10 Rs.31,500.00 Ext.P-4 dt.27.5.87 0-1-1/2 Rs. 6,000.00 Ext.P-5 dt. 1.6.87 0-1/1/2 Rs. 6,000.00 Ext.P-6dt./27.5.87 0-2-4-1/2 sarsahi Rs15,000.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -- - -- - It is contended that the sale deeds Exs.P2,P-3,P-4 and P-5 are from the acquired land falling in Rect. Nos. 36/17/11, 36/17/2/1, 36/23, 36/23 and 36/22 respectively. Learned counsel further contends that RFA No.2397 of 1993 5 though sale deed Ex.P-6, which falls in khasra No.36/22, is not a part of the acquired land, yet it is quite near to the acquired land, therefore, all the sale deeds be considered and average of sale deed should be awarded to the appellants/claimants. On the contrary, learned counsel for the State has referred to the sale deeds tendered by the respondents which are tabulated as under:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Documents Land sold in Marlas Price Ext.R-1 dt.15.5.87 0-22 Rs. 3,500.00 Ext.R-2 dt.24.6.87 0-199 Rs.30,000.00 Ext.R-3 dt.29.6.87 0- 66 Rs. 6,000.00 Ext.R-4 dt.3.7.87 0-199 Rs.30,000.00 Ext-R-5dt.1.12.86 0-10 Rs. 2,000.00 Ext-R-6dt.27.2.87 0-2 Rs. 2,000.00 Ext-R-7dt.18.5.87 0-63 Rs. 6,000.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- - - Learned counsel for the respondent-State contends that besides the sale deeds Exs.P2 to P-5, the sale deed Ex.R-6 is also from the acquired land. He, however, admits that the sale deeds Ex. R1 to R-5 and R-7 are situated at a distance of 110 karams to 800 karams and sale deed Ex.P-6 dated 27.5.1987 does not form part and parcel RFA No.2397 of 1993 6 of the acquired land. It is contended by the learned counsel for the appellants that all the sale deeds pertain to the acquired land much less the sale deed Ex.P-6 dated 27.5.1987, which is part and parcel of khasra No.36/22. It is,however, admitted that the land involved in the sale deeds Exs. R-1 to R-7 are situated at a distance of 110 karams to 800 karams. It is also contended that if average of all the sale deeds is calculated, then value would come to Rs. 1871. I have given my thoughtful consideration to the rival contentions raised by the learned counsel for the parties and have perused the record with their assistance. In the case of Special Tehsildar Land Acquisition, Vishakapatnam Vs. Smt. A.Mangala Gowri (Smt) AIR 1992 Supreme Court 666, it was held that “it is settled law by catena of decisions that the market value postulated in S.23 (1) of the Act designed to award just and fair compensation for the lands acquired. The words “market value” would postulate price of the land prevailing on the date of the publication of the notification under Section 4 (1). This Court repeatedly laid the acid test that in determining the market value of the land, the price which a willing vendor might reasonably expect to obtain from a willing purchaser would form the basis to fix the market value. For ascertaining the market rate, the RFA No.2397 of 1993 7 Court can rely upon such transactions which would offer a reasonable basis to fix the price. The price paid in sale or purchase of the land acquired within a reasonable time from the date of acquisition of the land in question would be the best piece of evidence. In its absence, the price paid for a land possessing similar advantages to the land in the neighbourhood of the land acquired in or about the time of the notification would supply the data to assess the market value”. In the aforesaid judgment, in determining the market value of the land, price paid in sale or purchase of the land acquired within a reasonable time from the date of acquisition of land in question would be the best piece of evidence. In its absence, price paid for a land possessing similar advantages to the land in the neighbourhood of the land acquired in or about the time of notification would supply the data to assess the market value. Since in the present case, there are sale deeds of the self/same acquired land, therefore, it would be appropriate to take into consideration those sale deeds rather than the sale deeds of the neighbouring land. In view of the aforesaid law laid down by the Apex Court, taking into consideration sale deeds Exs. P-2, P-3,P-4 and P-5 and Ex.R- 6 which are part and parcel of the acquired land , the total average per marla of these five sale deeds comes to Rs. 15,400/- and RFA No.2397 of 1993 8 on division by five, the compensation comes to Rs. 3060/-per marla. So far as other sale deeds namely Exs. P-6, R- 1 to R-5 and R-7 are concerned, these are not part and parcel of the acquired land, therefore, the same need not to be considered in the presence of sale deeds which are available from the acquired land itself. For the reasons recorded here-in-above, the present appeals are allowed. The order of the learned Reference Court is set aside and it is held that the appellants/claimants shall be entitled to compensation @ Rs. 3060/- per marla for all kinds of land along-with all other statutory benefits in terms of the provisions of the Amended Act, as well as costs of these appeals. February 19,2009 (Rakesh Kumar Jain) RR Judge Refer to reporter- Yes/No.