RFA No.2177 of 1992 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.2177 of 1992 Date of Decision: 3.12.2008 State of Punjab through Land Acquisition Collector ..Appellant. Vs. Mohan Lal and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.N.S.Pawar, Addl.AG Punjab for the appellant. RAKESH KUMAR JAIN, J. This order shall dispose of 8 appeals bearing, RFA Nos.2177 to 2184 of 1992, filed by the State of Punjab against the award of Additional District Judge, Patiala dated 3.2.1992. All the appeals are being disposed of by a common judgment as identical question of law and facts are involved in these appeals, however, the facts are being taken from RFA No.2177 of 1992 State of Punjab Vs. Mohan Lal and another. Land measuring 3.58 acres situated in village Gado Majra H.No.41, Tehsil Rajpura, District Patiala was proposed to be acquired for the construction of Mirjapur distributory from RD 4202 to 8727 metres. In pursuance thereof, notification under Section 4 of the Land Acquisition Act, 1894 (for short `the Act') followed by declaration under Section 6 of the Act was issued. On actual measurement, the land on the spot was found to be 3.69 acres thus, there was an increase of 0.11 acres which was found to be marginal and ignored. The Land Acquisition Collector, SYL Canal Project, RFA No.2177 of 1992 -2 - Punjab vide his award No.239/P-SYL dated 23.10.1987 classified the land into two categories Chahi 17 Bighas 9 Biswas, Gair Mumkin 0 Bigha 5 Biswas and awarded compensation @ Rs.60,000/- per acre for Chahi land and Rs.35,000/- per acre for Gair Mumkin. In the objections under Section 18 of the Act, the land owners-claimants alleged that the acquired land had high potentiality as such the market value was not less than Rs.2 lacs per acre. In the written statement, the claim set up by the land-owners was denied and it was averred that compensation has already been awarded by the Collector as per the prevalent market rate. Both the parties led their oral as well as documentary evidence. The Reference Court relied upon Ex.A2 which is an award pertaining to village Urdan where the land was acquired for the same public purpose, namely, for the construction of Mirjapur distributory in which notification under Section 4 of the Act was issued on 10.3.1987 and the Collector had awarded compensation @ Rs.60,000/- per acre for Chahi land and @ Rs.35,000/- for Gair Mumkin land. On reference sought under Section 18 of the Act, the learned Additional District Judge, Patiala reassessed the compensation @ Rs.1 lac per acre. In the present case, the Reference Court has relied upon Ex.A2 on the ground that lands of villages Gado Majra and Urdan were both acquired with a difference of one day as in the present case notification under Section 4 of the Act was issued on 11.3.1987 and in respect of land of village Urdan notification under Section 4 of the Act was issued on 10.3.1987. The public purpose in both the acquisitions was the same, namely, for the construction of Mirjapur distributory. The Land Acquisition Collector awarded the same compensation @ Rs.60,000/- per acre for Chahi land and Rs.35,000/- per acre for Gair Mumkin land in both the acquisitions. Thus, it was found to be RFA No.2177 of 1992 -3 - closest and safest example for the purpose of determination of compensation for the land acquired in village Gado Majra. The Reference Court has thus assessed the compensation for Chahi land @ Rs.1 lac per acre and Rs.60,000/- per acre for Gair Mumkin besides awarding all the statutory provisions in terms of the Provisions of the Amended Act. Sh.N.S.Pawar, Addl.AG Punjab has contended that sale deeds Ex.R1 and Ex.R2 dated 6.6.1986 and 10.6.1986 respectively have not been appreciated in its true perspective and the compensation has been assessed on the basis of an award of the adjoining village. After hearing the learned counsel for the appellant, I do not find any merit in the appeals filed by the State of Punjab because the value arising out of sale deed Ex.R1 of land measuring 6 bighas 5 biswas in village Gado Majra is Rs.35,000/- which comes to Rs.26880/- per acre and by virtue of the other sale deed Ex.R2, land measuring 6 bighas 3 biswas in the same village was sold for Rs.12000/- which comes to Rs.9440/- per acre which is less than the award of the Collector itself and cannot be considered in view of Section 25 of the Act. It is also contended that no independent evidence has been led by the land owners to prove the quality of land of villages Urdan and Gado Majra. I do not agree with the contentions also raised by the learned counsel for appellant because lands of both the villages are adjoining and the Collector himself has awarded compensation for Chahi land and Gair Mumkin land at the same rate for the villages Gado Majra and Urdan. No other point has been raised by the learned counsel for the appellant. In view of the above, I do not find any merit in the present appeals and thus, the same are hereby dismissed without any order as to RFA No.2177 of 1992 -4 - costs. (Rakesh Kumar Jain) 3.12.2008 Judge Meenu