Full Judgment
D.P. Wadhwa, J.
(1) All these four appeals can be disposed of by one judgment as they arise out of the common Award given under Land Acquisition Act 1894 (For short 'the Act') Rfa Nos. 811/88, 191/89 and 193/89. I have been filed by the claimants and Rfa 188/89 by the Union of India. All these appeals have been filed under Section 54 of the Act and are against the judgment dated 26.9.1988 of the learned Additional District Judge, Delhi on a reference made to him under Section 18 of the Act.
(2) Land in question is situated in village Ghewra. Notifications under Sections 4, 6 and 17 of the Act were all issued on 18.3.1985. The purpose for acquisition of the land given was for construction of Lpg bottling plant. Land measured 463 bighas 5 biswas. The Land Acquisition Collector gave his award on 19.7.85. it being Award No. 12/1985-86. He divided the land into three categories A, and C and fixed market value at the rate of Rs.l4,000.00 , Rs.l2.000.00 and Rs.l0,000.00 per bigha respectively in these three Blocks. He stated that land in Block B had pits of about one to one and a half feet deep and in Block C the pits of about two and a half feet to three feet deep.
(3) A reference was sought under Section 18 of the Act. Learned Addl. District Judge maintained the division of the land in three Blocks but enhanced the compensation fixing the market value at Rs.23,97.00 , Rs.21,970.00 and Rs. 19.970.00 per bigha respecting Blocks A, and C. Not satisfied, the appellants in RFAs.811/88, 191/89 and 193/89 have filed the appeals claiming further compensation while Union of India in Rfa 188/89 has sought reduction of the market value of the land as fixed by the learned Additional District Judge.
(4) It is not disputed before us that the land of village Ghewra abuts partly on main Rohtak Road, and partly on road leading to village Bawana and there is also a railway station in Ghewra and Rohtak Road Industrial Complex is also situated at some distance away on the Rohtak Road. We do not think that it can also be disputed that land in question had potential value for being developed as Industrial Complex. In fact, the purpose for which the land was sought to be acquired would show that it had such a value.
(5) Ms. Jain appearing for the appellants in three appeals have referred to a judgment given by Sh. S.R.Goel, Addl. District Judge Delhi pertaining to land in village Mundka. This village is situated on the opposite side of the Rohtak Road but a certain distance away from the road. Then reference is also being made to sale deeds Ex.A-1 to A-4 respecting sale of lands in village Ghewra. Ms. Shashi Kiran, learned Counsel for the Uoi also relied upon sale deeds Ex.R-1 to R-5 respecting the land in this village. Since we have evidence of sale deeds of the land in village Ghewra itself, we do not think it proper for us to refer to the market value of the land fixed respecting village Mundka. Ms. Jain also referred to certain acquisition proceedings and the Award of the compensation respecting land in village Samai Pur Badli. This again to our mind is not relevant for the same reason as aforesaid, Ex. R-l t.o R-3 are sale deeds registered in the month of September, 1984 and give the market value at Rs.12,000.00 to Rs. 14,000.00 per bigha. Ex.R-4 and R-5, sale deeds are dated 5.3.1985 and the value of the land given respectively is Rs. 6,000.00 and Rs. 15,000.00 per bigha. As noted above, the Notification in question is dated 18.3.1985. It will, thereforee, be better to refer to sale deed of the land much nearer that date. Ms. Jain states that all these sale deeds Ex.R-1 to R-5 pertain to land falling in Block C in the Award. We have grave doubt about sale deed EX.R- 4 which fixes the market value of I bigha of land at Rs. 6,000.00 in March, 1985 and we are unable to rely on the same. Sale deed Ex.A-4 is dated 17.7.84 land pertains to sale of land measuring 11 biswas. Here the value of the land Fixed is Rs. 54,545.00 per bigha. Sale deed Ex.A-1 is dated 14.11.1984 and is for land measuring I bigha 9 biswa and rate of land being Rs. 31,000.00 per bigha. Ex.A-2 is sale deed dated 17.7.1984 and is for land measuring 2 bigha and 15 bids was and the rate Fixed is Rs. 18,000.00 per bigha and then sale deed Ex.A-3 is for I bigha and I biswa and is dated 3.8.84 and the rate of land is Rs. 22,550.00 per bigha. We cannot rely on sale deed Ex.A-4 as we cannot accept the contention that on 17.7.84 the price of land in village Ghewra was over Rs. 54,000.00 per bigha when on the same date another sale deed is registered (Ex.A-2) giving the value of the land as Rs. 18,000.00 per bigha. The price of land fixed in Ex.A-2 appears to be rather low. We do not rely on both these sale deeds Ex.A-2 and A-4.
(6) We are also of the view that the distinction of Blocks A, B and C should be kept for the present case in as much as the land had been acquired for construction of Lpg bottling plant and had ito be lavelled.
(7) Accordingly, RFAs 811/88, 191 and 193 of 1989 are allowed and appellants in these appeals would be entitled to solarium and interest as per law. They will also be entitled to-cost limited to court fee only. The appeal by Union of India is dismissed with no orders as to costs.