RFA No.1472 of 1993 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.1472 of 1993 Date of decision: 04.12.2008 **** State of Punjab . . . . Appellant(s) Vs. Mukhtiar Singh . . . . Respondent(s) **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.N.S. Pawar, Addl. A.G. Punjab for the appellant(s). None for the respondent(s). **** RAKESH KUMAR JAIN J. (ORAL) This judgment shall dispose of six appeals, namely, RFA Nos.1472 to 1476 & 1479 of 1993, all filed by the State of Punjab, as common questions of law and facts are involved therein. Land measuring 3.83 acres in village Bapror, H.B. No.143, Tehsil Rajpura, District Patiala was acquired and notified vide notification issued under Section 4 of the Land Acquisition Act, 1984 (in short ‘the Act’) published in Punjab Govt. Gazette on 14.4.1988 followed by a notification of declaration issued under Section 6 of the Act published in Punjab Govt. Gazette on 13.9.1988, for the public purpose, namely, for the construction of Mardanpur Minor. The Land Acquisition Collector, SYL, Canal Project, Punjab, Patiala (in short ‘the Collector’) vide his award RFA No.1472 of 1993 - 2 - No.379/P-SYL dated 4.5.1989 classified the land into two categories, namely, i) Rousli/Dakkar (19 bigas 7 biswas); ii) Gair Mumkin (0 bigha 6 biswas) total measuring 19 bighas 13 biswas; and awarded compensation for i) Rousli/Dakkar - Rs.50,080/- per acre; ii) Gair Mumkin - Rs.35,040/- Per acre. Unsatisfied with the award landowners filed objections under Section 18 of the Act. The learned reference Court while relying upon the judgment/award Ex.A2 by which compensation in respect of land of adjoining village Gaddapur acquired under the same notification and for the same purpose was assessed @ Rs.68,000/- per acre for Rousli/Dakkar and Rs.48,000/- per acre for Gair Mumkin. Mr.N.S. Pawar, Addl. A.G. Punjab, appearing on behalf of the appellant, has vehemently contended that the reference Court has erred in law in not relying upon the sale deeds Exs.R1 to R3. I have heard learned counsel for the appellant and perused the record. I do not agree with the contention raised by learned counsel for the appellant that the learned reference Court has not taken into consideration the sale deeds Exs. R1 to R3. In para 11 of the impugned judgment Sale deeds Ex.R1 to R3 have been taken into consideration and found as per the statement of the counsel for the State that maximum value arising out of the sale deed Ex.R1 o R3 is Rs.26,400/- per acre. If, the value of the sale deeds Exs.R1 to R3 is maximum to the tune of Rs.26,400/- per acre then it is in any case less than the award of the Gair Mumkin land given by the Collector @ Rs35,040/- per acre. Therefore, in RFA No.1472 of 1993 - 3 - view of Section 25 of the Act, the sale deeds have been rightly ignored. No other point has been raised in this appeal. In view of the above, I do not find any merit in the present appeals. Thus, the same are hereby dismissed without any order as to costs. (RAKESH KUMAR JAIN) 04.12.2008 JUDGE vivek