BAKHTAWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted in Special Leave Petitions Nos. 13360 of 1986, 8584 of 1992, 14567 14591-92 and 14657 of 1987, 2201, 2833, 2835, 2868, 3175, 4062 and 2136 a of 1991.

(2.) Notification issued under Section 4 (1 of the Land Acquisition Act, 1894 (for short 'the Act') was published in the State Gazette on 8/6/1979, acquiring 527 and odd acres of land situated in Bhagu along with the lands in Villages Bibiwala, Bachu Khurd, Bachu Kalan, Gobindpura and Mehna in Batinda District to establish cantonment for the defence purposes at Bhatinda. The Land Acquisition Officer (for short 'the LAO) in his award dated 30/3/1981, awarded a sum of Rs. 22,000. 00 per acre for Nehri and Chahi land, Rs. 8,000. 00 per acre for Barani land and Rs. 4,000. 00 per acre for Gairmumkin (waste) land. On reference under Section 18, the Additional District Judge, by his award and decree dated 6/8/1983, enhanced compensation for Nehri and Chahi lands to Rs. 36,000. 00 per acre and for Gair-mumkin land at the rate of Rs. 6,000. 00 per acre. On appeal under Section 54 of the Act, the learned Single Judge confirmed the award of the Additional District Judge by his judgment and decree dated 3/8/1984 and maintained the decree. In letters patent appeal, the division bench enhanced the market value of Nehri land to Rs. 37,000. 00 per acre by its judgment and decree dated 17/9/1985. Thus this appeal by special leave against the judgment and order of the division bench for further enhancement.

(3.) The appellants claim further enhancement at par with the amount awarded by the High court to the lands situated in Bachu Khurd, Bachu Kalan and Mehna at the rate of Rs. 90,000. 00 per acre up to a depth of 500 metres, Rs. 50,000. 00 per acre for Chahi and Nehri land etc. The contention of Shri Javali, learned Senior Counsel for the appellants, is that the LAO made the award on the same day for the lands in Bhagu as well as other villages at the rate of Rs. 22,000. 00 per acre for Nehri and Chahi lands. The lands in these cases are also Nehri and Chahi lands. That was ultimately enhanced by the High court to Rs. 50,000. 00 per acre which was affirmed by this court in Union of India v. Zora Singh. The appellants, therefore, are entitled to payment of the same compensation. It is also contended that the lands are situated near the Abadi (built-up residential area) of Bhatinda and the lands in Bhagu are also very near to the Railway Station in Phoos Mandi. The Industrial Training Institute, Bhatinda, is situated at a distance of 4 kms and Bhagu and Phoos Mandi are at a distance of one km from each other. Therefore, the appellants are entitled to compensation at the rate of Rs. 50,000. 00 per acre. The division bench of the High court, relying upon four sale transactions, determined the compensation at the rate of Rs. 37,000. 00 per acre on an average and awarded the same on its basis. This court repeatedly has held that the application of the principle of average price is wrong and illegal. We have seen that before the LAO, the appellants seem to have claimed at the rate of Rs. 35,000. 00 per acre and before the District court, they claimed at the rate ofrs. 60,000. 00 per acre. In other words, the High court had granted an amount higher than the amount claimed pursuant to the notice under S. 9 and a 10. The evidence relied upon by the claimants relates to sale transactions from the same acquired lands which fetched at the maximum rate of Rs. 40,000. 00 per acre when the land of 4 kanals 6 marlas was sold. When the lands of 527 acres in huge parcels were acquired it would be preposterous to think that they would fetch the same market value or near about the same market value if a willing buyer bargained from a willing vendor for such lands. The High court has given the maximum compensation for the lands in question. It is true that some evidence has been brought from the judgment of the High court of the lands situated in another village covered by the same notification and ultimately decided in Zora Singh case. The market value for Nehri and Chahi lands was determined at the rate of Rs. 50,000. 00 per acre. This court did not consider the case on merits. The Special Leave Petitions of the Union government were dismissed without a speaking order.