R.F.A. No. 2301 of 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.F.A. No. 2301 of 1994 and Cross-objection No. 1/CI of 1995 (O&M) Date of Decision: 19.7.2010 Darshan Singh .... Appellant vs. Punjab State and others .... Respondents Coram : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Bikramjit Singh, Mr. N. S. Swaitch, Mr. Arun Bansal, Mr. Amit Sharma, Advocates, for the landowners. Mr. Yatinder Sharma, Deputy Advocate General, Punjab. RAJESH BINDAL, J This order will dispose of a bunch of appeals bearing RFA Nos. 2301, 2448, 2947, 2948, 2956, 2957 of 1994, 141, 246 to 250 of 1995 and the cross-objections Nos. 1/CI and 7/CI of 1995 filed in RFA No. 2301 and 2448 of 1994 respectively, arising out of common acquisition. The landowners have approach this court seeking enhancement of compensation for the acquired land whereas the Punjab State Federation of Co- operative House Building Societies Limited (known as and for short, “Housefed”) is seeking reduction of compensation. Briefly the facts are that vide notification dated 23.6.1985 published on 23.7.1985 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') the State of Punjab acquired land measuring 619 kanals 19 marlas situated in the revenue estate of village Haji Rattan, Tehsil and District Bathinda for construction of Co-operative Housing Complex by Housefed. The Land Acquisition Collector (for short, 'the Collector') vide his award dated 5.9.1986 assessed compensation in respect of the land measuring 123 kanals 10 marlas which belonged to the private persons @ ` 45,000/- per acre and @ ` 43,400/- per acre with respect to land measuring 496 kanals 9 marlas belonging to the Wakf Board. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the court below assessed the compensation @ ` 1,50,000/- per acre. Aggrieved against the award of learned Court below, the landowners as well as the Housefed are before this Court. R.F.A. No. 2301 of 1994 -2- Learned counsel for the landowners submitted that there is total misreading of documentary evidence produced on record. The court below has failed to consider the sale-deeds produced on record by the landowners as in all the sale-deeds the average price per acre is much higher than the amount of award. The acquired land had great potentiality for commercial and residential development. The land falls within the municipal limits of the Bathinda City. It is situated on the main Bathinda-Dabwali-Delhi railway line and is surrounded by big industries. In support of the case, the landowners have referred to site-plan, Ex. A1, jamabandi Ex. AW7/11, sale-deeds Ex. AW7/12 to Ex. AW7/15 and the earlier award of LAC Ex. A-10. On the other hand, learned counsel for the State submitted that the award pertaining to land of the Wakf Board is quite reasonable. There were terrorist activities in the area at that time. No development activity was being undertaken by anyone. Private persons were not making investment. The prices of the property were at the lowest ebb. There was no justification for the court below to have enhanced the compensation and the impugned award deserves to be set aside and the award of the Collector deserves to be restored. Heard learned counsel for the parties and perused the record. The base on consideration of which the learned court below had assessed the market value of the acquired land @ ` 1,50,000/- per acre is the judgment of this court in 1992 LACC 85 Punni Devi alias Basant Kaur vs Collector, Land Acquisition Industries Department, Punjab, Chandigarh and others, where in this court had assessed the market value of the land acquired therein @ ` 1,20,000/- per acre. The land in that case was acquired in the year 1982. The location of the land as has been described in the earlier award is that the same was situated on Bathinda-Badal Road, bifurcating from the Bathinda- Dabwali road ahead of the land in question. The land in the present case was acquired vide notification dated 23.6.1985 published on 23.7.1985. The court below has rightly granted increase @ 25% for a time gap of three years considering the fact that during that period there were terrorist activities and assessed the compensation @ ` 1,50,000/- per acre. In so far as the sale-deeds produced on record by the landowners as well as the State are concerned, the court below had considered the same but did not find them suitable for assessing the market value. The sale-deeds, Ex. AW7/12 to Ex. AW7/15 were either of small pieces of land or executed after the issuance of notification under Section 4 of the Act. Vide sale-deed, Ex. AW7/12, land measuring 11 marlas had been sold for a consideration of ` 8,500/- i.e. ` R.F.A. No. 2301 of 1994 -3- 1,23,520/- per acre. The same was less than the Collector rate. As regards award dated 26.4.1983, Ex. A-10, vide which the market value of the land measuring 1 bighas 16 biswas was assessed @ ` 450/- per square yard, is concerned, the said land was located near the city. It was acquired for widening of the already existing road. Accordingly for the reasons mentioned above, the award of the court below is upheld and the appeals and cross-objections are dismissed. 19.7.2010. ( Rajesh Bindal) vs. Judge