R.F.A. No. 2162 of 1986 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 2162 of 1986 Date of decision: September 08, 2008 Shib Lal .. Appellant v. State of Haryana and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: None for the appellant. Mr. Navneet Singh, Assistant Advocate General, Haryana for the respondent. Rajesh Bindal J. The land owner is before this Court against award dated 22.5.1986 passed by learned Additional District Judge, Rohtak, whereby the learned Court below upheld the award of the Land Acquisition Collector (for short, `the Collector'). Briefly, the facts are that land measuring 37 kanals 15 marlas in Village Barahi, Hadbast No. 40, Tehsil Bahadurgarh, District Rohtak was acquired under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for free allotment of residential plots to landless/ homeless Harijans, members of Backward classes and economically weaker persons. It was followed by notification issued under Section 6 of the Act on 13.2.1984. The Collector gave award of Rs. 40,000/- per acre. Aggrieved against the same, the land owner filed objections which were referred to the learned Additional District Judge, where keeping in view the material placed on record by the parties, he upheld the award of the Collector. Heard learned counsel for the State and perused the record. The learned Court below had upheld the award of the Collector for the reason that no evidence was brought on record by the land owner for determination of fair value of the land on the date of acquisition. All what had been produced on record was three sale deeds, i.e., Ex. P.1, P.W.3/1 and P.W.4/1. The transactions recorded therein were entered into on 12.6.1984, 17.5.1984 and 10.8.1983 respectively. The acquisition in the present case R.F.A. No. 2162 of 1986 [2] was made vide notification dated 20.6.1983, meaning thereby all the transactions sought to be produced by the land owner for seeking fair determination of the value of the land were effected after the issuance of notification under Section 4 of the Act. Even before the Collector also, the land owner had produced these very sale deeds. The transaction of sale of small plots taking place after the acquisition of land cannot be considered for determination of fair value of the land on the date of acquisition, as there are always chances of some transactions entered into later to get inflated compensation. It is a case of practically no evidence for determination of fair value of land on the date of acquisition. As the appellant remained unrepresented, the present appeal is dismissed in default. (Rajesh Bindal) Judge September 08 ,2008 mk