RAW KUMAR Vs. HARYANA STATE

JUDGEMENT

(1.) This judgment of mine would dispose of this appeal and five more appeals No. 2635 and 2636 of 1989 and 2731 to 733 of 1989 as they arise out of common award of the Additional District Judge, Kurukshetra, dated 25.7.1989. Regular First Appeals No. 2635 to 2637 of 1989 have been filed by the claimants whereas Regular First Appeals No. 2731 to 2733 of 1989 have been filed by the State of Haryana. The claimants have sought enhancement of the compensation whereas the State of Haryana in their appeals are seeking reduction in the grant of compensation.

(2.) Land measuring 32 Kanals 2 Marlas, situated in village Dhand, tehsil and district Kaithal, was sought to be acquired by issuance of a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) dated 13-12-1985 for free allotment of residential plots to Harijans, members of backward classes and other economically weaker persons in village Dhand. The Land Acquisition Collector by his award dated March 19, 1987 determined the market value of the acquired land at the rate of Rs. 60,000/- per acre by placing reliance upon the recommendations of the Collector of the District. No reference to any sale transaction was made by the Land Acquisition Collector. It appears that no sale deed was produced before him. The landowners feeling aggrieved against the award of the Land Acquisition Collector applied under Section 18 of the Act for having the matter referred to the land acquisition Court for enhancement of the compensation. In references under Section 18 of the Act, the appellants demanded compensation at the rate of Rs. 2,50,000/- per acre alleging that the acquired land had the potentiality for being used for residential commercial and industrial purposes. The Additional District Judge hag determined the market value of the acquired and at Rs. 1,20,000/- per acre. Before the Additional District Judge, the claimants produced Exhibits A-1 and A-2 certified copies of sale deeds whereas the State of Haryana produced four sale deeds Exhibits R-1 to R-4 besides aks-shirja Exhibit R-5. The Additional District Judge has discarded all the sale transactions. However, while arriving at the figure of Rs. 1,20,000/- per acre, he has doubled up the amount of compensation awarded by the Collector by making the following observations :

(3.) The counsel for the claimants, Shri Jaswant Jain, has vehemently argued that the Additional District Judge has wrongly discarded the sale instances Exhibits A-1 and A-2 particularly when the acquired land was near Abadi and as has been found by the Additional District Judge, the same was fit for residential and commercial purposes. Having given my thoughtful consideration to the matter, I am of the view that the argument advanced by the claimant's counsel is meritless and must be repelled. The two sale deeds produced by the claimants, that is, Exhibits A-1 and A-2 pertain to sale of two plots measuring 40 Square Yards and 80 Square Yards respectively and it is for this reason alone that the sale price of Exhibits A-1 and A-2 comes to Rs. 7,98,000/- and Rs. 11,52,000/- per acre respectively and second reason is that the plots sold are situated within the Abadi Deh and sold for construction of shops according to the recitals made in the sale deeds. The aforementioned sale transactions, therefore, being very small in size and the plots being in Abadi and having been sold for the construction of shops do not truly represent the market value of the acquired land and, therefore, cannot form safe basis for assessment of the market value of the big chunk of agricultural land measuring 4 acres. In view thereof, no case, for enhancing the compensation has been made out.