LAND ACQUISITION COLLECTOR, P S E B , PATIALA, THROUGH PUNJAB STATE Vs. CHANAN SINGH SON OF SHRI ASHA SINGH, RESIDENT OF VILLAGE NASRALI

JUDGEMENT

(1.) Both the appeals are against the same award passed by the Reference Court in the matter of determination of compensation for acquisition of property under the Land Acquisition Act. RFA No.2216 of 1993 is at the instance of State functionaries and RFA No.2842 of 1993 is at the instance of landowners seeking for enhancement.

(2.) The landowner's property had been acquired for setting up a 66-KV Sub Station by the Punjab Electricity Board. The property acquired through a notification issued on 24.11.1986 was in respect of 14 bighas 10 biswas. By the acquisition notice, the landowner had claimed that his property had been severed in two portions whereunder a narrow strip of land measuring 2 bighas and 1 biswa had been left out which became unfit for any commercial building or a factory and also not fit for construction of a house as high tension wires were going over the same. The landowner on his reference petition under Section 18 complained that the Commissioner, Patiala Division, had originally approved valuation for the property at Rs. 2,88,000/- per acre but it was subsequently reduced at the time of passing of the award. He had only provided for Rs. 10,000/- as severance which was also grossly inadequate. The basis of claim for enhancement was that the property was situate within the municipal limit of Mandi Gobindgarh and had great commercial potentiality. The acquired land abutted 51 feet connecting the new Grain Market, Mandi Gobindgarh to the main GT Road. The entire area was a commercial property and apart from the Grain Market, there were industrial units established in the vicinity of the acquired land which was immediately adjacent to the Grain Market.

(3.) While assessing compensation, the Reference Court relied on the site plan (Ex.A1) produced by Ajmer Singh, Draftsman, which identified the location of the property acquired with reference to the factories and other buildings situate in the immediate vicinity. He gave evidence to the effect that the Mandi authorities had auctioned blocks in the immediate vicinity @ Rs. 20,000/- per biswa 6 years earlier and the Government even had fixed the property @ Rs. 6,000/- per biswa for registering sale deed which were later increased to Rs. 25,000/- per biswas. The petitioner claimed that he was entitled to Rs. 6 to 7 lakhs on account of severance. The landowner produced AW4/1 to AW4/19 through Pritam Singh, Record Keeper being copies of documents relating to the properties in the adjoining areas. AW3 Avtar Singh had given evidence about the circular fixing the rates of land. On the side of the State, Baldev Singh, Patwari was examined as RW1, who gave evidence with reference to R1 showing the location of the property. RW2 was also filed giving details of various locations of the properties found in the sale instances covered through the originals R3 to R14.