RFA No.308 of 1991 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.308 of 1991 Date of Decision: 4.11.2008 State of Punjab ..Appellant. Vs. Ram Sarup ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.N.S.Pawar, Addl.AG Punjab for the appellant. RAKESH KUMAR JAIN, J. This order shall dispose of RFA Nos. 308 to 313 of 1991 by a common judgment as common question of law and facts are involved therein. Vide notification under Section 4 of the Land Acquisition Act, 1894 (for short the `Act'), land in village Alampur, Tehsil Rajpura, District Patiala was sought to be acquired at public expense and for public purpose i.e. for the construction of diversion of railway crossing of SYL canal. Vide its Award No.136 P-SYL dated 28.6.1986, the compensation was awarded in the following manner: 1. Chahi Rs.72,990/- per acre 2. Barani Rs.50,000/- per acre 3. Banjar Rs.35,000/- per acre Gair Mumkin Dissatisfied with the same, the land owners carried out Objections under Section 18 of the Act before the Reference Court and RFA No.308 of 1991 -2 - claimed compensation to the tune of Rs.2 lac per acre on the ground that acquired land is at a distance of one kilometer from G.T. Road leading from Kharar to Chandigarh and is near about Morinda town, which is a developing town. The claim was however, contested by the State and it was alleged that compensation assessed by the Collector is just and fair. The land owners examined Randhir Singh Patwari as AW1 and Mehma Singh, one of the claimants as AW2. They have also produced certified copies of sale deeds Ex.A2 to Ex.A4, the details of which are as under: 1. A2 Sale deed 4.4.1985 O-16 Rs.11000/- Rs.1,10,000/- 2. A3 -do- 15.1.1985 1-10M Rs.28000/- Rs.1,50,000/- 3. A4 -do- 16.1.1985 0-10M Rs.10,000/- Rs.1,60,000/-” The land owners also produced copy of the judgment dated 4.12.1989 passed by Sh.S.S.Kanwal, Addl.District Judge, Patiala pertaining to the land of village Nahal Heri. On the other hand, respondent-State produced RW1 Hari Kishan Patwari from the office of Land Acquisition Collector, Patiala and tendered copies of sale deeds dated 3.7.85 Ex.R1 and dated 25.6.85 Ex.R2 are also relied upon the award of the Collector. After considering the entire evidence on record, the District Judge, Patiala awarded the compensation at the following rates: “1. Chahi Rs.1,00,000/- per acre 2. Barani Rs. 50,000/- per acre. 3. Banjar/Gair Rs.35,000/- per acre.” Mumkin Sh.N.S.Pawar, Addl.AG Punjab for the appellant has vehemently argued that though the compensation awarded by the Collector in respect of Barani land and Banjar/Gair Mumkin has been impugned by RFA No.308 of 1991 -3 - the learned District Judge but the compensation in respect of Chahi land from Rs.72,990/- per acre to Rs.1,00,000/- per acre, which is arbitrary. After hearing the learned counsel and perusing the record, I am not in agreement with the argument raised by the counsel for the appellant. The learned Court below has relied upon the previous award Ex.A5 in which the land of village Nahal Hari was acquired on 5/6.9.1985 and compensation of Chahi land was assessed @ Rs.1,00,000/- per acre. In view of the above, I do not find any merit in the appeal filed by the State, therefore, the same is hereby dismissed. (Rakesh Kumar Jain) 4.11.2008 Judge Meenu