VARINDER KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appeal for enhancement of compensation is at the instance of the landowners. The property acquired was a small extent of 2,031 square feet, equivalent to 355.88 square yards. The details of the award for compensation are reproduced hereunder:-

(2.) THE grievance of the landowners is that the property was comprised of shops for which specific evidence was brought by the landowners by examination of witnesses. The Collector and the Reference Court have determined compensation only for the land without reference to the shops. The determination of value of the shop at Rs. 172.00 by the Collector has been increased only to a modest sum of Rs.190 discarding the entire evidence which was brought with reference to the valuation of the property in the town. The acquired property was situate in Ferozudin Road in Amritsar and it was very valuable. The valuation must be redetermined on the basis of the document filed by the landowners. The counsel for the State would refute these contentions and urge that there had been no constructions at the property and the determination of valuation of the land alone was justified. The counsel would also argue that the sale deeds relied on by the landowners pertained to the adjoining suburb in Ram Bagh and Sharifpura, while the State alone had filed documents in the immediate vicinity within Amritsar town itself. The valuation, as taken by the Reference Court was, therefore, justified.

(3.) AS regards the value of the land, it is not very clear from the evidence whether the places in Ram Bagh and Sharifpura themselves are far away from the place which was acquired. Amongst the documents relied on by the landowner A12 and A14 would require to be discarded as pertaining to transactions after the notification. A10 and A11 referred to very small shops of less than 30 feet and may not be a very safe guide. Amongst the documents relied on by the State, R3 to R9 contained references to the sales in the range of 121 to 500 square feet. There is a considerable variation in prices. Amongst the sales, the maximum value is for R7 where for an extent of 250 square feet, the sale price has been Rs.37,500.00, it works out to Rs.150.00 per square yard. The valuation of small plots of property in Rambagh have fetched a price as high as Rs.1,480 per square yard. The architect has valued the property as Rs.1,000.00 per square yard. With such huge variations, I have no alternative than to go for the best value that is brought for relatively smaller size of property of 250 square yards under R7 and apply a further escalation at the rate of 15%. Even I take the maximum value as found in R7 as applicable for the landowners, it does not get to any more than the value already determined by the Reference Court. I will make a modest increase and take the value of the land at Rs.250 square yard. The compensation shall, therefore, be Rs.250 per square yard for the land and Rs.71,173.00, rounded off to Rs.71,200.00, for the value of the superstructures. This amount shall also obtain all the statutory benefits under the amended provisions of the Land Acquisition Act.