OM PARKASH Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This judgment of mine will dispose of R.F.A. Nos 116 and 117 of 1985 as both arise out of common award dated 13-10-1984 of the learned Additional District Judge, Sirsa. Land measuring 13.26 acres situated in village Patli Dabar in Distt. Sirsa was acquired by the State of Haryana by issuance of Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) dated 22-4-1982 for the construction of 132 K.V. Sub-section. The Collector by his award dated 3-3-1983 categorised the land into three blocks and assessed the market value of the acquired land between Rs. 9,000/- to Rs. 14,00/- per acre. On reference under section 18 of the Act, the Additional District Judge, has determined the market value of the acquired land at the rate of Rs. 14,000/- per acre. He has,however, abolished the categorisation of the land. No appeal has been filed by the State of Haryana to challenge the award of the Additional District Judge and, therefore, the abolition of categorization would remain intact.

(2.) Mr. R.S. Mittal, Sr. Advocate, learned counsel for the appellants has vehemently argued that the Additional District Judge has fallen in error in not placing reliance on Exhibits P-1 and P-2 the two sales deeds, the execution of which has been proved by P.W. 2 Piara Singh and P.W.3 Sewa Singh. It has further been argued that may be, the sale deeds Exhibits P-1 and P-2 are post dated Notification. But the same can be relied upon by this Court in view of the fact that both the sale deeds are executed in pursuance of the agreement Exhibit P-3 which was executed on 19-4-1982 i.e. prior to the issuance of the Notification under Section 4 of the Act.

(3.) After hearing the learned counsel for the parties and after perusing the entire record, I am of the opinion that the Additional District Judge has assessed the market value of the acquired land at a lower rate. Before looking at the sale deeds Exhibits P-1 and P-2 and the agreement Exhibit P-3, it is necessary to have a look at the location of the acquired land. Near the acquired land, an ice factory was in existence before issuance of the Notification under Section 4 of the Act. Not only that bus stop Dingh Morh is also situated at a distance of 500 yards from the acquired land. The existence of the ice factory at the time of acquisition of the land was even proved by the statement of P.W 4 Bahadur Singh Patwari, a revenue official. Residential houses and other commercial buildings were not in existence at the time of acquisition of the land in question but the existence of ice factory and the bus stop where some shops were also in existence near the acquired land go to show that the acquired land had some potentially if not much.