CWP No.5744 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5744 of 2011 (O&M) Date of decision: 21.4.2011 Moga Improvement Trust, Moga ......Petitioner(s) Versus Jaswant Singh and others ......Respondent(s) CWP No.6847 of 2011 (O&M) Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CWP No.6849 of 2011 (O&M) Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CWP No.6850 of 2011 (O&M) Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CWP No.6852 of 2011 (O&M) Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CWP No.6853 of 2011 (O&M) Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CWP No.5744 of 2011 (O&M) 2 CWP No.6891 of 2011 (O&M) Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Jatinder Pal Singh Sidhu, Advocate with Mr. Inderjeet Arora, Advocate for the petitioner(s). Rakesh Kumar Garg, J. CM No.5667 of 2011 CM is allowed subject to all just exceptions. CWP No.5744 of 2011 This judgment shall dispose of 7 writ petitions i.e. CWP Nos.5744, 6847, 6849, 6850, 6852, 6853, 6891 of 2011 as the same have arisen out of one common award passed by the Land Acquisition Tribunal, Faridkot disposing of all references filed under Section 18 of the Land Acquisition Act, 1894 by the respondent-claimants respectively. Moga Improvement Trust, Moga prepared a development scheme known as “Tian Wala Chhapparh” under Section 24 read with Section 28(2) of the Punjab Town Improvement Act, 1922 for an area measuring approximately 15.94 acres. Notification under Section 36 of the aforesaid Act, which corresponds to Section 4 of the Land Acquisition Act, 1894 was published on 17.5.1978. The said scheme was sanctioned by the Punjab Government vide its notification dated 2.5.1980 under Section 42 of the Punjab Town Improvement Act, 1922. The Land Acquisition Collector, Moga Improvement Trust, Moga, pronounced the award dated 21.8.1986 whereby he determined the compensation at the rate of ` 473.15 P. per CWP No.5744 of 2011 (O&M) 3 marla for Chahi Nehri Land, ` 500/- per marla for Barani land and ` 666.67 P per marla for Gair Mumkin and other lands. The claimants were also allowed statutory benefits under the Land Acquisition Act, 1894 on the above compensation, as applicable. Dissatisfied with the aforesaid determination of compensation by the Land Acquisition Collector, the land owners filed reference applications under Section 18 of the Land Acquisition Act, 1894 before the Tribunal which were disposed of by a common award dated 17.3.1997. However, the said award was challenged before this Court and the same was set aside vide judgment dated 1.12.1998 passed in CWP No.12157 of 1997 and the matter was remitted back to the Tribunal for deciding the same afresh in accordance with law. Before the Tribunal, the claimants challenged the award of the Land Acquisition Collector on the ground that compensation awarded was highly inadequate and unrealistic, ignoring the potential and actual market value of the land which at the time of acquisition was more than ` 3,000/- per marla. The aforesaid claim of the land owners was resisted by the petitioner-Trust submitting that the acquired land was purely agricultural, without any future and potentiality and determination of compensation by the Collector was already on the higher side. On the basis of the pleadings of the parties, issues were framed. The parties led evidence in support of their respective case. The documentary evidence produced on record by the claimants primarily comprises of sale deeds dated 1.6.1977 (Ex.P3) and 20.6.1977 (Ex.P4). According to the aforesaid sale deeds, the average market value of the land sold was Rs.1000/- per marla. However, these sale instances were of very small pieces of land i.e. 7 marlas and 3 ½ marla respectively. But in CWP No.5744 of 2011 (O&M) 4 oral testimony, witness PW-6 stated that price of the acquired land was between ` 3,000/- and ` 4,000/- per marla. On the other hand, the witnesses of the petitioner-Trust stressed the fact that at the time of acquisition, the price of the land was at the rate of ` 200/- per marla. The respondents also produced on record sale deeds dated 5.6.1979 (Ex.R1) and 7.7.1989 (Ex.RA) in support of their case. Keeping in view the fact that land was situated within the Municipal Limits and the aforesaid sale instances (Ex.P-3 & P-4) on which a cut of 1/3rd was applied, the compensation was determined at ` 700/- per marla. While passing the impugned award, the Tribunal observed as under: “Keeping in view the totality of the situation and the fact that the land is situated within the municipal limits, the Land Acquisition Collector has failed to consider this aspect of the matter and fell into error by granting Rs.473/- per marla of compensation and did not even consider the sale instances in the area and having regard to these factors it would be appropriate to hold that the acquired land at the time of its acquisition commanded market value of Rs.700/- per marla.” The other statutory benefits as applicable were also allowed on the aforesaid compensation. Challenging the aforesaid award dated 11.8.2010, learned counsel for the petitioner-Trust, has vehemently argued that the Tribunal has passed the impugned award on the basis of assumptions and presumptions and there was no evidence on record on the basis of which the compensation as determined by the Land Acquisition Collector could be further enhanced. It was the further grievance of the learned counsel for the petitioner that the Tribunal has illegally discarded the sale instances produced on record by the Trust and has allowed higher compensation to CWP No.5744 of 2011 (O&M) 5 the land owners to which they were not entitled to. Learned counsel has further prayed that the impugned award passed by the Tribunal be set aside. We have heard learned counsel for the petitioner and have perused the impugned award. The only documentary evidence produced by the petitioner regarding the market value of the land is the sale instances dated 5.6.1979 (Ex.R1) and 7.7.1989 (Ex.RA). The Tribunal has rightly discarded the aforesaid sale instances as the said sale deeds were executed after the date of notification under Section 36 of the Punjab Town Improvement Act which correspondents to section 4 of the Land Acquisition Act, 1894 and therefore, were not relevant. On the other hand, the sale instances Ex.P3 and Ex.P4 dated 1.6.1977 and 20.6.1977 respectively relate to the period before the acquisition of the land and can be taken into consideration as a relevant factor for determining the compensation. It is well settled that where a big chunk of land is acquired, sale instance of a small piece of land can be taken into consideration as the guiding factor to determine compensation after applying a reasonable cut on such value. In the instant case, the Tribunal has applied a cut of 1/3rd on the average value of the aforesaid sale instances which is quite reasonable and in no way can be said to be on the lower side. Learned counsel for the petitioner was unable to challenge the aforesaid formula for determination of compensation of the acquired land on the basis of any precedent. In fact, no other argument has been raised in support of these petitions except as mentioned in the foregoing paragraphs. For the reasons recorded above, we find no merit in these CWP No.5744 of 2011 (O&M) 6 petitions filed on behalf of the petitioner-Trust and the same are hereby dismissed. No costs. (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE April 21, 2011 ps CWP No.5744 of 2011 (O&M) 7 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6847 of 2011 Date of decision: 21.4.2011 Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Jatinder Pal Singh Sidhu, Advocate with Mr. Inderjeet Arora, Advocate for the petitioner(s). Rakesh Kumar Garg, J. For orders, see judgment of even date passed in CWP No.5744 of 2011 (Moga Improvement Trust, Moga Versus Jaswant Singh and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE April 21, 2011 ps CWP No.5744 of 2011 (O&M) 8 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6849 of 2011 Date of decision: 21.4.2011 Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Jatinder Pal Singh Sidhu, Advocate with Mr. Inderjeet Arora, Advocate for the petitioner(s). Rakesh Kumar Garg, J. For orders, see judgment of even date passed in CWP No.5744 of 2011 (Moga Improvement Trust, Moga Versus Jaswant Singh and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE April 21, 2011 ps CWP No.5744 of 2011 (O&M) 9 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6850 of 2011 Date of decision: 21.4.2011 Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Jatinder Pal Singh Sidhu, Advocate with Mr. Inderjeet Arora, Advocate for the petitioner(s). Rakesh Kumar Garg, J. For orders, see judgment of even date passed in CWP No.5744 of 2011 (Moga Improvement Trust, Moga Versus Jaswant Singh and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE April 21, 2011 ps CWP No.5744 of 2011 (O&M) 10 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6852 of 2011 Date of decision: 21.4.2011 Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Jatinder Pal Singh Sidhu, Advocate with Mr. Inderjeet Arora, Advocate for the petitioner(s). Rakesh Kumar Garg, J. For orders, see judgment of even date passed in CWP No.5744 of 2011 (Moga Improvement Trust, Moga Versus Jaswant Singh and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE April 21, 2011 ps CWP No.5744 of 2011 (O&M) 11 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6853 of 2011 Date of decision: 21.4.2011 Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Jatinder Pal Singh Sidhu, Advocate with Mr. Inderjeet Arora, Advocate for the petitioner(s). Rakesh Kumar Garg, J. For orders, see judgment of even date passed in CWP No.5744 of 2011 (Moga Improvement Trust, Moga Versus Jaswant Singh and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE April 21, 2011 ps CWP No.5744 of 2011 (O&M) 12 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6891 of 2011 Date of decision: 21.4.2011 Moga Improvement Trust, Moga ......Petitioner(s) Versus Land Acquisition Tribunal and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Jatinder Pal Singh Sidhu, Advocate with Mr. Inderjeet Arora, Advocate for the petitioner(s). Rakesh Kumar Garg, J. For orders, see judgment of even date passed in CWP No.5744 of 2011 (Moga Improvement Trust, Moga Versus Jaswant Singh and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE April 21, 2011 ps CWP No.5744 of 2011 (O&M) 13