R. F. A No. 1737 of 1991 (O&M) 1 In the High Court of Punjab & Haryana at Chandigarh Date of decision : 31.10.2008. 1. R.F.A. No. 1737 of 1991 (O&M) Baldev Singh (since deceased) through his L.Rs. ..... Appellant Versus State of Punjab and another ..... Respondents 2. R.F.A. No. 1738 of 1991 (O&M) Jit Singh (since deceased) through his L.Rs. ..... Appellant Versus State of Punjab and another ..... Respondents 3. R.F.A. No. 1739 of 1991 (O&M) Bhajan Singh (since deceased) through his L.Rs. ..... Appellant Versus State of Punjab and another ..... Respondents 4. R.F.A. No. 1740 of 1991 (O&M) Inder Singh ..... Appellant Versus State of Punjab and another ..... Respondents 5. R.F.A. No. 1741 of 1991 (O&M) Bhag Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 6. R.F.A. No. 1742 of 1991 (O&M) Naginder Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 7. R.F.A. No. 1743 of 1991 (O&M) Balwinder Singh (since deceased) through his L.Rs...... Appellant Versus State of Punjab and another ..... Respondents 8. R.F.A. No. 1744 of 1991 (O&M) Gurdip Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 9. R.F.A. No. 1745 of 1991 (O&M) Balwant Singh and another ..... Appellants Versus State of Punjab and another ..... Respondents R. F. A No. 1737 of 1991 (O&M) 2 10. R.F.A. No. 1746 of 1991 (O&M) Chanan Singh ..... Appellant Versus State of Punjab and another ..... Respondents 11. R.F.A. No. 1747 of 1991 (O&M) Chand Singh ..... Appellant Versus State of Punjab and another ..... Respondents 12. R.F.A. No. 1748 of 1991 (O&M) Boota Singh ..... Appellant Versus State of Punjab and another ..... Respondents 13. R.F.A. No. 1749 of 1991 (O&M) Gram Panchayat Sarawan ..... Appellant Versus State of Punjab and another ..... Respondents 14. R.F.A. No. 1750 of 1991 (O&M) Gurdit Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 15. R.F.A. No. 1751 of 1991 (O&M) Gurbachan Singh and another ..... Appellants Versus State of Punjab and another ..... Respondents 16. R.F.A. No. 1752 of 1991 (O&M) Kapoor Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 17. R.F.A. No. 1753 of 1991 (O&M) Darshan Singh and another ..... Appellants Versus State of Punjab and another ..... Respondents 18. R.F.A. No. 1757 of 1991 (O&M) Maghar Singh and other ..... Appellants Versus State of Punjab and another ..... Respondents 19. R.F.A. No. 1765 of 1991 (O&M) Kartar Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents R. F. A No. 1737 of 1991 (O&M) 3 20. R.F.A. No. 2020 of 1991 (O&M) Hakam Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 21. R.F.A. No. 2305 of 1991 (O&M) Baldev Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 22. R.F.A. No. 2306 of 1991 (O&M) Lal Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents 23. R.F.A. No. 2423 of 1991 (O&M) State of Punjab and another ..... Appellants Versus Kapoor Singh and others ..... Respondents 24. R.F.A. No. 2424 of 1991 (O&M) Punjab State ..... Appellant Versus Chand Singh and others ..... Respondents 25. R.F.A. No. 2425 of 1991 (O&M) Punjab State ..... Appellant Versus Bhajan Singh ..... Respondent 26. R.F.A. No. 2426 of 1991 (O&M) Punjab State ..... Appellant Versus Jit Singh ..... Respondent 27. R.F.A. No. 2427 of 1991 (O&M) Punjab State ..... Appellant Versus Tara Singh and another ..... Respondents 28. R.F.A. No. 2428 of 1991 (O&M) Punjab State ..... Appellant Versus Gurcharan Singh and others ..... Respondents 29. R.F.A. No. 2429 of 1991 (O&M) Punjab State ..... Appellant Versus Darshan Singh and another ..... Respondents R. F. A No. 1737 of 1991 (O&M) 4 30. R.F.A. No. 2432 of 1991 (O&M) State of Punjab ..... Appellant Versus Maghar Singh and others ..... Respondents 31. R.F.A. No. 2433 of 1991 (O&M) Punjab State ..... Appellant Versus Amar Singh ..... Respondent 32. R.F.A. No. 2434 of 1991 (O&M) Punjab State ..... Appellant Versus Maghar Singh and another ..... Respondents 33. R.F.A. No. 2435 of 1991 (O&M) Punjab State ..... Appellant Versus Chanan Singh ..... Respondent 34. R.F.A. No. 2436 of 1991 (O&M) Punjab State ..... Appellant Versus Harbans Singh and others ..... Respondents 35. R.F.A. No. 2437 of 1991 (O&M) Punjab State ..... Appellant Versus Bant Singh and others ..... Respondents 36. R.F.A. No. 2438 of 1991 (O&M) Punjab State ..... Appellant Versus Inder Singh ..... Respondent 37. R.F.A. No. 2439 of 1991 (O&M) Punjab State ..... Appellant Versus Jita Singh and another ..... Respondents 38. R.F.A. No. 2440 of 1991 (O&M) Punjab State ..... Appellant Versus Chand Singh and others ..... Respondents 39. R.F.A. No. 2441 of 1991 (O&M) Punjab State ..... Appellant Versus Balwant Singh and another ..... Respondents R. F. A No. 1737 of 1991 (O&M) 5 40. R.F.A. No. 2442 of 1991 (O&M) Punjab State ..... Appellant Versus Gurdip Singh and others ..... Respondents 41. R.F.A. No. 2443 of 1991 (O&M) Punjab State ..... Appellant Versus Balwinder Singh ..... Respondent 42. R.F.A. No. 2444 of 1991 (O&M) Punjab State ..... Appellant Versus Baldev Singh ..... Respondent 43. R.F.A. No. 2445 of 1991 (O&M) Punjab State ..... Appellant Versus Nazar Singh (deceased) through his L.Rs. and others .. Respondents 44. R.F.A. No. 2446 of 1991 (O&M) Punjab State ..... Appellant Versus Naginder Singh and others ..... Respondents 45. R.F.A. No. 2447 of 1991 (O&M) Punjab State ..... Appellant Versus Nazar Singh (deceased) through his L.Rs. and others ... Respondents 46. R.F.A. No. 2448 of 1991 (O&M) Punjab State ..... Appellant Versus Bhag Singh and others ..... Respondents 47. R.F.A. No. 2449 of 1991 (O&M) Punjab State ..... Appellant Versus Gurdit Singh and others ..... Respondents 48. R.F.A. No. 2450 of 1991 (O&M) Punjab State ..... Appellant Versus Boota Singh ..... Respondent 49. R.F.A. No. 2451 of 1991 (O&M) Punjab State ..... Appellant Versus Dalip Singh (deceased) through his L.Rs. and others ..... Respondents R. F. A No. 1737 of 1991 (O&M) 6 50. R.F.A. No. 2452 of 1991 (O&M) Punjab State ..... Appellant Versus Baldev Singh ..... Respondent 51. R.F.A. No. 885 of 1992 (O&M) Chand Singh and others ..... Appellants Versus State of Punjab and another ..... Respondents Present: Mr. V. K. Kataria, Advocate, for the landowners. Mr. O. P. Dabla, Assistant Advocate General, Punjab. Rajesh Bindal J. This order will dispose of Regular First Appeal Nos. 1737 to 1753, 1757, 1765, 2020, 2305, 2306 of 1991 and 885 of1992 filed by the landowners seeking enhancement of compensation and Regular First Appeal Nos. 2423 to 2429, and 2432 to 2452 of 1991 filed by the State for reduction in the compensation, as the same arise out of one acquisition. However, the facts are noticed from R. F. A. No. 1737 of 1991. Briefly, the facts of the case are that the State of Punjab vide notification dated 24.8.1984 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), acquired the land situated in revenue estate of Village Sarawan (Hadbast no.140), Tehsil and District Faridkot, for construction of Sarawan Drainage. The Land Acquisition Collector vide his award dated 28.5.1986 assessed the market value of the land @ Rs. 17,150/- per acre for nehri and Rs. 10,000/- per acre for gair mumkin kind of land. On reference under Section 18 of the Act, the learned court below vide award dated 2.5.1991, upheld the award of the Collector and held that the landowners are entitled to compensation on account of damages on account of severance at the rate of 50% of the price of land. Learned counsel for the landowners submitted that the learned court below was in error in not considering the material placed on record by them for fair assessment of the value of the acquired land on the date of acquisition. The sale-deed, Ex. A-3 has been totally ignored whereby way back on 21.11.1977 the land measuring 1 kanal 6 marlas was sold for Rs. 9,000/- the average value of which comes out to Rs. 55,360/- per acre. The fact that the land situated near the village abadi and close to various roads in R. F. A No. 1737 of 1991 (O&M) 7 the village, has also been ignored for the purpose of consideration of future potential of the acquired land. He further submitted that reliance of Ex.R-1 to R-7 is totally misplaced as the location thereof is not pointed out on any of the site plans produced by the State. He further submitted that finding of the learned court below in not granting solatium on severance is not in conformity with the law as severance is also a part of compensation and the landowners are entitled to solatium on that account. He further submitted that categorization of land as gair mumkin and that too for a small portion i.e. 8 kanals 7 marlas is totally uncalled for, whereas other part of the land i.e. 208 kanals 5 marlas was categorised as nehri. The Sarawan Drain for which the land was acquired passed through land of various landowners and it is difficult to accept that only a small portion of land in between will remain barani as has been held by the learned court below whereas in the impugned award this portion has been mentioned as gair mumkin. This place, in fact, is not utilised for agriculture purpose and as such should have been valued at more price. On the other hand, learned counsel for the State submitted that value of the acquired land as determined by the court below while upholding the award of the Land Acquisition Collector does not call for any interference by this court as no material can be referred to or relied upon by the landowners for further enhancement in compensation. The court below rightly considered the sale-deeds Ex. R-1 and R-2 as against Ex. A-3 produced by the landowners which show the value of the land in the vicinity of the acquired land at near point of time. The sale-deed which is nearly 7 years before the date of acquisition could not be considered to be a good piece of evidence. Challenging the ground of severance, it was submitted that there was no evidence on record to suggest award of 50% compensation on that account, accordingly, the award of learned court below on that issue deserves to be set aside. As far as the grant of solatium on severance is concerned, it was submitted that the landowners are not entitled to the same as the same is not part of compensation. I have heard learned counsel for the parties and perused the record. As far as the value of the land is concerned, in my considered opinion, the sale-deed got registered nearly 7 years before the date of R. F. A No. 1737 of 1991 (O&M) 8 acquisition of land cannot be said to be a good piece of evidence for the purpose of consideration of fair value of the land specially when the location thereof is not known. As against this, there are other sale-deeds produced by the State which have been relied upon by the learned court below i.e. Ex. R-1 and R-2. It is relevant to add here that even the location thereof is also not part of the record as these have not been located on any of the site plan, neither it could be pointed out by the learned counsel for the State by connecting the khasra number thereof on the site plan. A perusal of the site plan Ex. A-1 shows that the acquired land is forming part of Village Sarawan. Beginning from one end towards Village Dhilwan the drain passes close to Village Sarawan, crossing various roads in between and then leads to Village Matta. It is further evident from a reading of the award of the Collector that the land was categorized as nehri and gair mumkin to the tune of Rs. 45,000/- per acre and Rs. 40,000/- per acre for gair mumkin kind of land. No land was categorized as barani. Why the land was categorized as gair mumkin is not borne out of the record. In any case even the Collector had not said the same to be barani. Further learned counsel for the landowners is right in saying that when a strip of land is acquired, which is passing through the lands of various landowners merely a small portion of land measuring 8 kanals 7 marlas out of 216 kanals 12 marlas land cannot possibly be said to be barani. Accordingly, in my considered opinion the entire land should be considered as nehri only. As far as the value of the land is concerned, considering the location thereof it would be just and fair to assess the value at Rs. 20,000/- per acre for the entire acquired land. The landowners shall also entitled to all statutory benefits as are available under the Act. As far as challenge of the State to the grant of severance is concerned, I do not find any force in the submission. The learned court below has threadbare discussed the claim made by the landowners in that regard under issue no. 4 where the evidence led by the parties has been discussed. From a perusal of site plan Ex. A-1 to A-2, it is evident that the land has been divided into two parts on account of acquisition for the construction of drain due to which landowners will face more difficulty to cultivate their land. Even Karamjit Singh RW2 in his cross-examination admitted that many khasra numbers have been divided into two parts by the R. F. A No. 1737 of 1991 (O&M) 9 construction of the drain and it is difficult to cultivate and irrigate the land and culverts have not been constructed. Accordingly, with this material on record, I do not consider that any illegality has been committed by the learned court below in granting damages on account of severance to the landowners. As regards the solatium on severance is concerned, severance is paid for bifurcation of land on account of certain acquisition. The same is not as such the value of the land. No judgment taking a view that solatium is payable on severance has been cited by the learned counsel for the landowners. Accordingly, in my opinion, no solatium is payable on account of severance. For the reasons mentioned above, the appeals filed by the landowners are partly accepted and the value of the acquired land is determined at Rs. 20,000/- per acre for the entire chunk of land. The landowner shall also be entitled to all statutory benefits as are available under the Act. The State appeals are dismissed. 31.10.2008 (Rajesh Bindal) vs. Judge