Judgment
RFA No.1159 of 1995 and other connected cases -1- In the High Court of Punjab and Haryana at Chandigarh Regular FiRs.Appeal No.1159 of 1995 Date of Decision: 23.1.2014.
Sushila Rani .......Appellant Versus State of Punjab .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.V.K.Mahajan, Advocate for the land owneRs.Mr.B.S.Jaswal, Advocate for the land owneRs.Mr.Piyush Bansal, DAG, Punjab.
**** SABINA, J.
Vide this judgment, RFA Nos.1159, 1160, 1161, 1162, 1163 and 1578 of 1995, 2407, 2408, 2409, 2410, 2411, 2412, 2413, 2414, 2415, 2416, 2417 and 2418 of 1998 would be disposed of as these have arisen out of the judgment dated 6.1.1995 passed by the Additional District Judge, Hoshiarpur.
Vide notification under Section 4 of the Land Acquisition Act, 1894 ('Act' for short) dated 23.2.1989, land was sought to be acquired in village Taintpal for kandi canal.
The Land Acquisition Collector awarded compensation at the following rates:- Barani - ` 8089/- per acre Bagh Barani - ` 9000/- per acre.
Gair Mumkin - ` 7000/- per acre.
Feeling dissatisfied with the award of the Land Acquisition Collector, the land owners sought references under Section 18 of the Act.
Singh Gurpreet 2014.01.30 14:51 I attest to the accuracy and integrity of this document chandigarh RFA No.1159 of 1995 and other connected cases -2- On the pleadings of the parties, following issues were framed by the Additional District Judge:- 1.
What was the market value of the acquired land at the time of issuance of notification under Section 4 of the Land Acquisition Act?.
OPA.
2.
Relief.
Learned Additional District Judge vide award dated 6.1.1995 enhanced the compensation to the tune of ` 25,000/- per acre qua Barani as well as Bag Barani land.
Hence, the present appeals by the State as well as the claimants.
Learned counsel for the land owners have submitted that the amount of compensation was liable to be enhanced at the rate of Rs.80,000/- per acre while basing reliance on the sale deeds proved on record by the land owneRs.The land in question was, in fact, chahi land and the learned Additional District Judge had erred in holding that the nature of the land in question was Barani.
Learned State counsel, on the other hand, has submitted that the amount of compensation was liable to be reduced as the Additional District Judge had erred in enhancing the same.
Sale instances relied upon by the State were liable to be taken in consideration while assessing the rate of compensation.
In the present case, the claimants in their cross- examination had admitted that the nature of the acquired land was Barani.
As per the jamabandis placed on record, the nature of land was described as Barani.
In these circumstances, the learned Additional District Judge has rightly taken the nature of the land as Barani.
While assessing the rate of compensation, the learned Singh Gurpreet 2014.01.30 14:51 I attest to the accuracy and integrity of this document chandigarh RFA No.1159 of 1995 and other connected cases -3- Additional District Judge has observed as under:- “After taking into consideration the evidence as well as the Jamabndis produced by the State which are Ex.
R-3, Ex.
R-4, Ex.
R-5 and Ex.
R-6 all the claimants admitted in their cross-examination that the kind of their land was Barani.
This contention has also been supported by the Jamabandis mentioned above produced by the State.
Therefore, it has been established on the file that the kind of the land of the claimants was Barani.
Some of the claimants have tried to prove that they have got levelled their land and thereafter the value of the land has been improved.
It has come in the statement of AW3 who is the Surveyer of Soil Conservation department that they levelled the land at subsidy rate.
Not only this a letter Ex.
A-4 was placed on the record.
From the perusal of the letter Ex.
A-4 the khaSr.numbers of the land have not been given.
Therefore, it cannot be proved that the land which was acquired was got levelled.
Claimants also placed on file copy of the sale deed, which is Ex.
A-6, this is, in respect of land measuring 18 marlas which was sold at the rate of Rs.500/- per marla and the said land was 1/2 share out of the land.
Sale deed is in respect of small piece of land which cannot be taken into consideration for ascertaining the value of the land of the claimants.
As per the evidence the claimants demanded rupees one lac per acre in respect of the Barani land.
Admittedly the land of all the claimants is Barani but claimants failed to prove that the value of the land at the Singh Gurpreet 2014.01.30 14:51 I attest to the accuracy and integrity of this document chandigarh RFA No.1159 of 1995 and other connected cases -4- time of issuing notification under Section 4 was rupees one lac per acre.
After perusal of the Award passed by the Collector it is revealed that a sum of Rs.8090/- has been awarded by the Collector in respect of Barani land and Rs.9000/- per acre in respect of Bag Barani land; whereas from the evidence of the claimants it has been proved that the value of the land was much more at the time of acquisition.
There is one document on the file which is the abstract of Chandra Committee vide which the price in respect of village Tentpal regarding different kind of land has been produced and the said document is singed by the Naib Tehsildar, Bhunga.
As per the said document the value for Barani land is shown as Rs.23000/- per acre.
But when the Collector passed the Award he has given very less amount.
Therefore, I am satisfied that the value of the land was much more and I set aside the Award and enhance the compensation for a sum of Rs.25000/- per acre in respect of Barani land as well as Bag Barani land.”
.
Thus, the learned Additional District Judge while assessing the amount of compensation, has placed reliance on the report of Chandra Committee which had not been taken in consideration by the Land Acquisition Collector.
It has been noticed by the learned Additional District Judge that the abstract of Chandra Committee was duly signed by the Naib Tehsildar.
In these circumstances, the learned Appellate Authority had not committed any error while basing reliance on the abstract of Chandra Committee while assessing the market value of the Singh Gurpreet 2014.01.30 14:51 I attest to the accuracy and integrity of this document chandigarh RFA No.1159 of 1995 and other connected cases -5- acquired land.
Hence, no ground for interference by this Court is made out.
Consequently, all the appeals are dismissed.
(SABINA) JUDGE January 23, 2014 Gurpreet Singh Gurpreet 2014.01.30 14:51 I attest to the accuracy and integrity of this document chandigarh