STATE OF HARYANA Vs. BHIM SAIN

JUDGEMENT

(1.) STATE of Haryana, through present regular first appeal filed by it, seeks setting aside of order dated 30.4.1986, passed by learned Additional District Judge, vide which, market value of the land, subject matter of acquisition, has been evaluated at Rs. 30,000/- per acre, whereas the same was assessed at Rs. 18,000/- per acre by Land Acquisition Collector, vide his award dated 30.7.1983. The only question that needs to be determined in this case is, thus, as to whether learned Additional District Judge has granted just and fair compensation for the land acquired or whether the same needs to be reduced.

(2.) THE relevant discussion made by learned Additional District Judge, while evaluating the market value of the land at Rs. 30,000/- per acre, reads thus :-

(3.) NO doubt, insofar as, sale instance Ex.P2, relied upon by learned Additional District Judge, is concerned, the same pertains to about 28 days after the notification had been issued Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). But the land, subject matter of sale instance aforesaid, is situate in so close vicinity of the land, subject of the present acquisition, that, in considered view of this Court, it cannot be totally ignored. It is too well settled by now that if a post sale instance may be relevant and a genuine transaction it cannot be ignored altogether. That apart, the claimants also relied upon sale instance, Ex.P-4. The price fetched with regard to the said sale instance would come at Rs. 5,60,000/- per acre approximately and the same pertains to the year 1980, i.e., almost three years prior to the date of notification issued under Section 4 of the Act in the present case. It is true that sale instance Ex.P-4 pertains to a small piece of land measuring 230 square yards but, as mentioned above, the same pertains to three years prior to the date of notification and if any reasonable cut is applied on the price fetched by the said sale, value of the land cannot be determined less than Rs. 30,000/- per acre.