IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RFA 2323 of 1991 DATE OF DECISION : MAY 29, 2008 RAMPAT ....... APPELLANT(S) VERSUS THE STATE OF HARYANA AND ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. RS Mittal, Sr,Advocate, with Mr. Atul Gaur, Advocate, for the appellant(s). Mr. Narender Sura, AAG, Haryana, for respondents No.1 & 2. Ms. Renu Bala Sharma, Advocate, for respondent No.3. AJAI LAMBA, J. This bunch of 15 Regular First Appeals viz. 2131, 2231, 2321, 2322 to 2330 and 2333, of 1991, 58 and 1519, of 1992, require this Court to assess the market value of land acquired under Notification published on 6.11.1985 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'). The land was acquired for a public purpose; namely, construction of camp building for Indo Tibetian Border Police (Government of India). The declaration under Section 6 of the Act was issued on 6.11.1986. The land falls in the area of Village Bazidpur Saboli, RFA 2323 of 1991 2 Tehsil and District Sonepat. The Land Acquisition Collector, Sonepat, awarded a sum of Rs.35,000/- per acre. Being aggrieved by the inadequacy of compensation, references under Section 18 of the Act were made. Vide the impugned award, the compensation has been enhanced to Rs.38,000/- per acre. Learned counsel for the appellant-claimants, while referring to the site plan of the area, Exhibit PG, and Aks-Sajra, Exhibit R-1, has contended that the acquired land has much higher value as it is located on the border of Haryana and Delhi. The other argument raised is that the land is well connected; it is at the most prime location because the adjoining land of Narela (Delhi) is very expensive; the land under sale deed, Exhibit PA, falling in Rectangle No.53/8, in the same Revenue Estate of Village Bazidpur Saboli, was sold on 13.8.1982 at the rate of Rs.49,500/- per acre; there has been a general trend of increase in prices of land around Delhi, as is evident from sale deed dated 17.5.1988, Exhibit PE, and sale deed dated 15.12.1988, Exhibit PF. Learned counsel for respondent No.3 has argued that the land in the area can only be assessed after taking into account its proximity to G.T. Road. In the case in hand, the land is 7 kilometers away from G.T. Road and, therefore, the award cannot be faulted with. The proximity to Narela or Delhi Border is not relevant because Narela township is 2 kilometers away and was a small town at that point of time with about 50,000 population. RFA 2323 of 1991 3 I have considered the arguments addressed by the learned counsel for the parties and with their assistance have gone through the lower court record. A perusal of the site plan of the area, Exhibit PG, and Aks- Sajra, Exhibit R-1, shows that the land is well connected in so much as the main road leading to Narela (Delhi) passes along the length of the acquired land to its West. There are three other roads that pass through the acquired land breadth-wise from West to East. The acquired land itself falls on the border of Delhi (Revenue Estate of Narela). Sale deed, Exhibit PA, relates to Rectangle No.53/8 of Village Bazidpur Saboli and is a private sale executed on 13.8.1982 at the rate of Rs.49,500/- per acre. I find that the location of the land that is subject matter of sale deed, Exhibit PA, is some distance away, however, it is not connected by any road and yet the land was sold at the rate of Rs.49,500/- per acre. The sale deed itself is of reasonably big chunk of land i.e. 1 acre. Other than Exhibit PA, award dated 20.7.1970, passed by the District Judge, Rohtak, is available on the record, which is Exhibit PH. Under the said award, market value of land falling in Village Kundli, also on the border line of Delhi (Village Narela), was acquired under Notification issued under Section 4 of the Act on 1.7.1966. The market value was assessed at the rate of Rs.29,000/- per acre. Exhibit PE is sale deed dated 17.5.1988 whereunder 12 kanals 19 marlas land was sold at the rate of Rs.67,953/- per acre. The land fell in Village Bazidpur Saboli itself. Under Exhibit PF i.e. sale deed RFA 2323 of 1991 4 executed on 15.12.1988, 13 kanals 18 marlas land, falling in Village Bazidpur Saboli was sold at the rate of Rs.1,55,495/- per acre. Considering the totality of facts and circumstances of the case, it becomes clear that in proximity and for similarly located land under Exhibit PH, the market value of the land acquired in the year 1966 was assessed by the reference court at the rate of Rs.29,000/- per acre. Under Exhibit PA, the land was sold in August, 1982, at the rate of Rs.49,500/- per acre. Under Exhibit PE, the land was sold in May, 1988, at the rate of Rs.67,953/- per acre. Under Exhibit PF, land was sold in December, 1988, at the rate of Rs.1,55,495/- per acre. It, therefore, cannot be disputed that there is a trend of increase in prices in and around the acquired land. The acquisition of 1966 being too remote in terms of time, cannot be made the sold basis of assessing the market value. Likewise, the sale deeds, Exhibits PE and PF, cannot be made the basis as they are subsequent to the acquisition, however, judicial notice of these instances can be taken for considering that there has been an increase in the market value of the land in the area. Sale deed, Exhibit PA, relates to August, 1982. The land that was sold falls in the same Revenue Estate i.e. Village Bazidpur Saboli. The area of the land is also considerable as it is 8 kanals. So far as its potential is concerned, I find that it is not as well connected as the acquired land and, therefore, it can safely be said that it is of lesser value, however, the same was sold at the rate of Rs.49,500/- per acre. When the circumstances indicated above are taken into RFA 2323 of 1991 5 account, it becomes clear that the argument addressed on behalf of respondent No.3 can not be accepted. Judicial notice of the fact can be taken that in and around Delhi, even in 1980, the proximity of G.T. Road was not the only factor. Narela township, as per the admitted case, is only 2 kilometers away from the acquired land. The acquired land itself, as noticed above, is very well connected. In view of the facts and circumstances of the case, the market value of the acquired land cannot be assessed at a rate less than Rs.55,000/- per acre, as is claimed by the claimants in their references under Section 18 of the Act. In view of the above, the appeals are allowed. The market value of the land is assessed at Rs.55,000/- per acre. The claimants will also be entitled to all the statutory benefits. No order as to costs. May 29, 2008 ( AJAI LAMBA ) Kang JUDGE