UNION OF INDIA Vs. DALIP SINGH AND ANOTHER

JUDGEMENT

(1.) This set of ten F.A.Os. Nos. 224 to 232 and 241 of 1982, filed by the Union of India and the same number of cross-objections Nos. 26-CII, 27-II of 1982 and 23-CII to 29-CII of 1983 therein respectively filed by the landowner-claimants, are being disposed of through this common judgment in view of the identity of the facts and the contentions raised therein. The whole controversy relates to the determination of the just compensation of the land acquired under the Provisions of Immovable Property Act, 1952 (for short, the Act).

(2.) In pursuance of a notification published under Section 7 of the Act on March 28, 1970 about 98 acres of land situated within the revenue estate of four villages, namely, Gandlan Lahri, Sujanpur, Farakhpur and Kalachak has been acquired for defence purposes. As the compensation offered by the Collector was not acceptable to the claimants, they sought the appointment of an arbitrator in terms of Section 8 of the Act. The arbitrator (additional District Judge, Gurdaspur) vide her impugned award has determined the rate of compensation at Rs. 75/- per marla. Both sides, that is Union of India and the claimants, not being satisfied with this award, have preferred these appeals and cross-objections.

(3.) The sole submission of Mr. Brar, learned counsel for the Union of India is that the sale instances covered by mutation orders Exhibits R-3 to R-11 have wrongly been discarded by the arbitrator while determining the market value of the suit land at Rs. 75/- per marla. The submission is apparently devoid of the land covered by these instances bears any similarity to the suit land in matters of potentiality and location nor these sale transactions were even relied upon by the Land Acquisition Collector for determining the market value of the suit land. The rate disclosed by these transactions is far below even the one awarded by the Collector. As per the site plan, Exhibit R-1, the closest distances between some of these instances and the suit land is about 3/4th of a mile. It is beyond dispute that the entire acquired land is situated on Pathankot-Sujanpur road. The land covered by these instances is far away from this road. Thus these instances have rightly been rejected by the arbitrator.