RAM MURTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of mine would dispose of R. F. A. Nos. 520 to 529 of 1989 filed by the claimants-landowner seeking enhancement of the compensation amount and R. F. A. Nos. 874 to 886 of 1989 preferred by the State of Punjab praying for reduction in the amount of compensation as they arise out of the common Award of the District Judge, Patiala, dated 21. 11. 1988.

(2.) IN pursuance of the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act), issued on 20. 8. 1982 the State of Punjab has acquired 25. 73 acres of land situated in village Bhari Panaichan Tehsil Nabha District Patiala for a public purpose, namely, for the construction of Sirhind Choe. The Land Acquisition Collector by his Award dated 23. 9. 1986 assessed the market value of the acquired land as under: 1. Chahi Khalas Rs. 20,000/- per acre. 2. Dakar Rs. 15,000/- per acre. 3. Banjar Kadim Rs. 10,000/-per acre. The landowners aggrieved against the Award of the Collector sought references under Section 18 of the Act. The District Judge by his Award under challenge before this Court has determined the market value of the acquired Chahi land at the rate of Rs. 32,000/- per acre whereas Barani/banjar Kadim land was evaluated at the rate of Rs. 15,000/- per acre. Before adjudging the market value of the acquired land, it is necessary to have a look at the sale deeds, the chart of which is reproduced below: No Nature Date of Area Sale Revenue Price Exh. of sale price limits per acre document Rs. Rs. 1. A4 Sale deed 15. 6. 82 8-B 4000/- Bhari Painchan 48,000/2. A5 Sale deed 24. 5. 83 3-B-13b 40000/- Jhamala 52,000/3. A6 Sale deed 15. 6. 83 3-B-12b 40000/- Jhamali 53,300/4. A7 Sale deed 29. 8. 84 1b-11b 40200/- Channa 1,37,800/ On perusal of the Award it has been seen that the (sic) evaluating the acquired land at the aforesaid rates, relied upon Exh. A. 4 a sale deed dated 15. 6. 1982 by virtue of which land measuring 8 Biswas situated in village Bhari Panaichan was sold at the rate of Rs. 4000/bringing the average sale price at Rs. 48,000/- per acre. After applying the necessary cut of l/3rd, the market rate of Chahi land has been assessed at Rs. 32,000/- whereas the Barani/banjar Kadim has been evaluated at Rs. 15,000/- per acre.

(3.) THE counsel for the landowners, in the first instance, has argued that the Award given by this Court in R. F. A. No. 2174 of 1986 Jaswant Singh v. State of Punjab, decided on 10. 8. 1987 should have been relied upon by the District Judge for determining the market value of the acquired land. The contention has no force. This Court in Jaswant Singh's case (supra) was dealing with notification acquired the land within the municipal limits of Amloh town. The acquiring land in the present cases is admittedly situated in the village and is agricultural in nature and, therefore, the Award in Jaswant Singh's case (supra) will have to be held to he irrelevant for the purpose of determining the market value in the present case.