RFA No.2920 of 1992 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RFA No.2920 of 1992 DATE OF DECISION: 02.04.2009 **** Sardara Singh . . . . Appellant VS. State of Haryana through Land Acquisition Collector, Panchkula and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: None for the appellant in (RFA Nos.1726, 1727 & 2917 to 2924 of 1992. Mr.Surinder Gandhi, Advocate for the appellant in (RFA Nos.2129 & 2131 of 1992) Mr.Rajiv Kawatra, Sr.DAG, Haryana for the respondents/State **** RAKESH KUMAR JAIN J. By this common order I shall be disposing of 12 Regular First Appeals Nos. 1726, 1727, 2129, 2131 and 2917 to 2924 all of the year 1992 as identical questions of law and facts are involved therein. Vide notification issued under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’) dated 18.8.1987, published in Haryana Govt. Gazette on the same date, followed by a notification of declaration issued under Section 6 of the Act, published in the Haryana Govt. Gazette (extraordinary) dated RFA No.2920 of 1992 - 2 - 18.8.1987, land measuring 87 bighas 9 biswas situated in village Damdama and 8 bighas 19 biswas of village Bhagwanpur, Hadbast No.190, Tehsil Kalka was acquired. The land Acquisition Collector (in short ‘the Collector’) vide his award dated 6.4.1989 fixed the following rates per acre for different kinds of land: Sr. No. Name of village Chahi Barani Banjar Gair Mumkin 1. Bhagwanpur H.B. No.194 45,000/ - 32,000/ - 16,000/- 9,000/- 2. Damdama H.B. No.154 The claimants were not satisfied with the award of the Collector, therefore, they filed objections under Section 18 of the Act and maintained that the value of the acquired land was not less than Rs.200/- per sq. yard at the time of its acquisition. The objections were resisted by the respondents/State of Haryana in which it was claimed that adequate compensation has already been awarded. It was also pleaded that land in question was Gair Mumkin Nadi forming part of Kaushalya River and is full of boulders. The land of Village Damdama has no approach from the main road. In order to substantiate their respective claims, landowners examined Santa S/o Siria as PW1 and relied upon copy of the award dated 23.8.1991 (Ex.P1), copy of jamabandi (Ex.P2), copy of Khasra Girdawari (Ex.P3) of village Bhagwanpur and sale deeds (Ex.P4 and Ex.P5) pertaining to village Ishlam Nagar and Bhogpur respectively. The respondents/State examined Mukesh Arora Photographer as RW1, M.S. Sindhu, Commandant, C.R.P.F. as RFA No.2920 of 1992 - 3 - RW2 and Dalip Singh, DSP, C.R.P.F., Pinjore as RW3 and relied upon photographs Ex.R1 to Ex.R11, their negatives Ex.R12 to Ex.R22 and copy of the award Ex.R23. No other documentary evidence was produced by the respondents. Learned reference Court, after appreciating the respective evidence, observed as under: “Having heard the submissions of the parties and taking into consideration the award Ex.P23 which manifest that the learned land Acquisition Collector Kalka visited the spot of village Damdama and found the acquired land part of river Kaushalya and treated it as Gair Mumkin Nadi. He was also of the opinion that the acquired land of village Damdama has no approach from the main road but has only one approach from Surajpur side through river Kaushalya which is full of boulders flowing water obstructs the approach. So this land is become unapproachable from the road side. The land in question was never used for agriculture purposes. After the acquisition of the land the same was used as firing range because of the slopy nature of the land between 45 degree to 80 degree angle. In this situation I do not find that the document relied upon by the petitioners i.e. Ex.P1 to Ex.P5 are of any consequence. Copy of the award dated 23.8.1991 Ex.P1 passed by this court can not be taken into consideration for the purpose of determining the market value of the acquired land of this case at uniform rate because of the geographical situation of the land. In award Ex.P1 the land was levelled one and their owners purchased the same for the residential purpose. Part of it was used for agriculture purpose and part of it was used for tree plantation. Whereas the land which is subject matter of acquisition of RFA No.2920 of 1992 - 4 - this case is a slopy one and was never found fit for cultivation. On the other hand it was full of bushes, boulders and gravel etc. and from part of river Kaushalya. The petitioners are not entitled to any increase in the price of land due to the lapse of time between the notification under Section 4 of the acquired land mentioned in Ex.P1 and notification under Section 4 of the acquired land under award Ex.R23 as the learned Land Acquisition Collector had fixed Rs.7500/- as market value of gair Mumkin land which was subject matter of acquisition in Ex.P1 and after a lapse of two years he has fixed the market value of the land i.e. gair Mumkin nadi on 18.8.1987 at the rate of Rs.9000/- per acre. He has already allowed an increase of 20% in the acquired land. The petitioners have not produced the copies of jamabandi and khasra- girdawari pertaining to the acquired land of village Damdama to rebut the nature of the land being not gair mumkin nadi. The photographs Ex.R1 to R11 further corroborate the case of the respondents. Thus no interference is called for in the award dated 6.4.1989 so far as the land of village Damdama is concerned. Now coming to the land measuring 8 bighas 19biswas relating to village Bhagwanpura which was of chahi nature and used for agriculture purpose. This fact find support from the copy of the jamabandi Ex.P2 and copy of the khasra- girdawari Ex.P3. This land was acquired for the purpose of water working scheme. Taking into consideration the award dated 23.8.1991 Ex.P1 which was passed by this Court and the petitioners in that case were awarded compensation at the rate of Rs.17/- per square yard at uniform rate. The land pertaining to village Bhagwanpura stands on the same footing. RFA No.2920 of 1992 - 5 - The period which lapsed between the notification under Section 4 of award Ex.P1 and award of this land is of two years and three months. There was rise of price index during that period. The petitioners are however allowed 5% increase on the rate of allowed in award Ex.P1. Thus in this case the petitioners are awarded compensation at the rate of Rs.19/- per square yard so far as land of village Bhagwanpura is concerned with all attendant benefits under the Act. In view of my aforesaid discussion issue No.1 is partly held in favour of the petitioners of village Bhagwanpura and this issue is partly decided against the petitioners of village Damdama.” After examining the record, I do not find any evidence worth for the purpose of further enhancement of compensation either in the case of land of village Damdama in respect of which the award of the Collector has been upheld by the learned reference Court or in the case of land of village Bhagwanpura, in which compensation has been enhanced after taking into consideration award Ex.P1 by giving an increase of 5%. Therefore, the finding recorded by the learned reference Court does not call for any interference by this Court and as such the award dated 16.3.1992 passed by the Additional District Judge, Ambala is upheld. In view of the above, the present appeals are dismissed without any order as to costs. (RAKESH KUMAR JAIN) 02.04.2009 JUDGE vivek