RFA No.2926 of 1994 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.2926 of 1994 Date of decision: 3.11.2008 **** Jagir Singh …. Appellant(s) Vs. State of Punjab and another …. Respondent(s) **** HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: None for the appellant(s). Mr.N.S. Pawar, Addl. A.G. Punjab for the respondent(s). **** RAKESH KUMAR JAIN, J. This order shall dispose of 16 cases i.e. RFA No. 2926 of 1994 and RFA Nos. 226 to 237 & 947 to 949 of 1995 filed by both, State of Punjab as well as the landowners being revealed against the award of the Additional District Judge, Ropar dated 22.8.1984 as common questions of law and facts are involved therein. Land measuring 9 bighas 13 biswas (2.01 acres) in Village Budha Bhora, H.B No.73, Tehsil and District Ropar was sought to be acquired with the issuance of notification issued under Section 4 of the Land Acquisition Act (in short ‘the Act’) dated 21.2.1990 and published on 2.3.1990 for the construction of Bridge on Bubki Nadi / Ropar Bela Road. It was followed by a notification of declaration issued under Section 6 dated 24.9.1990 published on 12.10.1990. The Collector, PWD/Public Health, Jalandhar vide its award dated 2.2.1991 determine the market value of the acquired land @ Rs.60,000/- per acre for Chahi, Rs.45,000/- per acre for Barani and Rs.30,000/- per acre for Banjar. The landowners filed RFA No.2926 of 1994 - 2 - objections under Section 18 of the Act in which it was claimed that the value of the acquired land is not less than Rs.15 lac per acre as it is in the nature of commercial land and situated on National Highway. It was alleged that the acquired land was Chahi and was irrigated by tubewell. In reply the State of Punjab urged that according to the revenue record and the entries in the jamabandi for the year 1986-87, the nature of the land is barani. Therefore, the compensation was assessed by the collector keeping in view of the relevant market rate at that time. The learned reference Court relied upon the sale Deed Ex.A-6 pertaining to Village Mansuha Khurd, Ropar dated 16.6.1989 vide which 1 bigha of land was sold by Sohan Singh to Manjit Kaur for a consideration of Rs.42,000/- per acre which comes to Rs.2,10,000/- per acre. The nature of the land sold vide sale deed Ex.A6 was Barani. The reference Court found that village Budha Bhora and Mansuha Khurd are adjoining villages. The learned Court below also referred to Ex.R-3 which is the letter from the Collector, Ropar to Land Acquisition Collector, PWD(B&R), Jalandhar dated 16.10.1990 in respect of approval of Collector’s rate of the land of village Budha Bhora, H.B No.73, Tehsil and District Ropar and land of village Mansuha H.B. No.54, whether the land was Chahi, Barani, Banjar & Banjar Zadid was found to be the same. Therefore the reference Court relied upon Ex.A-6 and awarded compensation @ Rs.2,10,000/- per acre for Barani, Rs.2,60,000/- per acre for Chahi and Rs.1,30,000/- per acre for Banjar and Banjar Zadid, besides awarding statutory benefits in terms of the provisions of the amended Act. No one has put in appearance on behalf of the claimants. Mr.N.S. Pawar, Addl. A.G., Punjab has submitted that the reference Court had committed an error by determining the RFA No.2926 of 1994 - 3 - compensation of the land of Village Budha Bhora on the basis of the sale deed Ex.A-6 pertains to village Mansuha Khurd. I have heard learned counsel for the appellant and have also examined the record. It is true that the sale deed Ex.A-6 dated 16.6.1989 pertaining to 1 bigha land was sold for a sum of Rs.42000/- per acre pertains to village Mansuha Khurd but it is also true that the Collector, Ropar himself has approved the rate of the land of Village Budha Bhora, H.B No.73 and Mansuha Kurd, H.B No.54 at the same rate i.e. for Chahi Rs.60,000/- per acre, for Barani Rs.45,000/- per acre and for Banjar and Banjar Zadid / Gair Mumkin Rs.30,000/- per acre. Therefore it is apparent that land of village Budha Bhora and Mansuha Khurd are exactly same. In such a situation, I am of the opinion that the learned Court below has committed no error while relying upon the sale deed Ex.A-6 dated 16.6.1989 pertains to village Mansuha Khurd which is also stated to be adjoining to village Budha Bhora. In the facts and circumstance of the present case, I uphold the award of the reference Court dated 22.8.1994 thereby the appellant/landowners have been awarded compensation @ Rs.2,10,000/- per acre for Barani, Rs.2,60,000/- per acre for Chahi and Rs.1,30000/- per acre for Banjar and Banjar Zadid together with the statutory benefits in terms of the provisions of the amended Acts with costs of the petitioner. However, I find no merit in the appeals filed by the State and, thus, the same are hereby dismissed without any order as to costs. (RAKESH KUMAR JAIN) 3.11.2008 JUDGE vivek