RFA No.2222 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.2222 of 1994 Date of decision 14.5.2009. Rajinder Singh ...... Appellant. versus State of Punjab and others ...... Respondents. Present : Mr. Saurav Garg, Advocate for Ms. R.K.Dadwal, Advocate for the appellant. Mr. Gaurav Garg Dhuriwala, Assistant Advocate General, Punjab for the respondents. L.N.MITTAL,J.(Oral) Land owner Rajinder Singh has filed this appeal assailing judgment dated 28.2.1994 of learned Additional District Judge, Hoshiarpur thereby dismissing the Reference Petition filed by the appellant under Section 18 of the Land Acquisition Act, 1894 ( in short – the Act). Vide notification dated 12.12.1989 issued under Section 4 of the Act, followed by other proceedings, land measuring 6 kanals 13 marlas situated in village Hariana, District Hoshiarpur was acquired for public purpose namely, for re-construction of bridge over Kothiwala Choe. The acquired land included 3 kanals 7 marlas chahi land of the appellant. Land Acquisition Collector, vide award No.7 dated 19.12.1992, awarded RFA No.2222 of 1994 2 compensation for the acquired chahi land @ Rs.84,472/- per acre. Compensation for trees standing in the acquired land was also awarded. The appellant was not satisfied with the compensation awarded by the Land Acquisition Collector and, therefore, the appellant filed Reference Petition under Section 18 of the Act, alleging that market value of the acquired land at the time of notification under Section 4 of the Act was not less than Rs.6000/- per marla. The appellant also claimed enhanced compensation for trees standing in his acquired land. Claim of the appellant was resisted by the respondents, who pleaded that the compensation awarded by the Land Acquisition Collector, is appropriate. Pleadings of the parties gave arise to the following issues :- 1. What was the market value of the acquired land at the time of issuance of notification under section 4 of the Act? OPA. 2. Whether the claimants are entitled to any enhanced amount of compensation towards the value of the standing trees?OPA. 3. Relief. Learned Reference Court vide impugned judgment dated 28.2.1994 discussed issue Nos.1 and 2 together and held that the appellant has failed to prove that the compensation awarded by the Land Acquisition Collector for the land or the trees is less than the market value at the relevant time. The reference petition was accordingly dismissed. I have heard learned counsel for the parties and perused the case file. RFA No.2222 of 1994 3 As regards compensation for trees, there is no evidence regarding value thereof led by the appellant. His self-serving oral statement regarding age or value of the trees is not sufficient to prove the same. No other evidence has been led by him. It is thus not proved that the compensation for the trees awarded by the Land Acquisition Collector is inadequate or insufficient. As regards market value of the acquired land, the respondents produced copies of sale deeds Ex.R-2 to R-8. However, these sale instances cannot be said to be comparable sale instances because market price as per some of these sale instances comes to much less than that awarded by the Land Acquisition Collector. In other sale instances also, market price comes to less than the compensation awarded by the Land Acquisition Collector. These sale instances, therefore, cannot be said to be comparable sales instances. On the other hand, the appellant produced three sale instances. Copy of sale deed dated 28.5.1991 Ex.A-3 cannot be said to be comparable sale instance because this sale deed came into existence about one and half years after the date of notification under Section 4 of the Act. Copy of sale deed Ex.A-4 dated 14.1.1986 also does not appear to be comparable sale instance in the vicinity of the date of notification under Section 4 of the Act. On the other hand, copy of sale deed dated 28.2.1990 Ex.A-2 is in the vicinity of the relevant date of notification under Section 4 of the Act. According to this sale deed, 9 marlas of land was sold for Rs.14,000/- i.e. @ Rs.1555.55 per marla. However, the exact location of the land of this sale deed vis-a-vis. the location of the acquired land has not come on record. RFA No.2222 of 1994 4 Moreover, this sale deed pertains to sale of a small piece of land apparently for residential or commercial purpose whereas the acquired land of the appellant was as per his own statement being used for growing vegetables. Consequently, appropriate cut has to be applied in the market price as revealed by sale deed Ex.A-2. Cut of 50% would be appropriate and making round figure, I determine the market value of the acquired land on the relevant date to be Rs.750/- per marla i.e. Rs.1,20,000/- per acre. Finding of the Reference Court stands modified to this extent under issue No.1 whereas finding of Reference Court on issue No.2 is affirmed. In view of the aforesaid, the instant appeal is partly allowed and the appellant is awarded compensation for his acquired land @ Rs.1,20,000/- per acre along with all statutory benefits in accordance with the provisions of Section 23(1-A), Section 23(2) and Section 28 of the Act. ( L.N.MITTAL ) JUDGE May 14, 2009 sv