HARDIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of RFA Nos. 349, 367 to 369, 1956 to 1959, 2333, 2335 & 2344 of 1989, 768, 2541 and 2545 of 1990 filed by the landowners-claimants and R. F. A. Nos. 2296 to 2299, 2301 to 2306 of 1989, 2698 and 2699 of 1990 preferred by the Union of India and Union Territory, Chandigarh as they arise out of common award given by the District Judge, Chandigarh.

(2.) LAND measuring 24 acres situated in the revenue estate of village Hallo Majra was acquired by the Union Territory of Chandigarh for setting up a centre for the Central Reserve Police Force by issuance of a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') on 20th November, 1985. The Land Acquisition collector by his award dated 20th March, 1986, determined the marked value of the acquired land at a flat rate of Rs. 80,000/- per acre. The District Judge, on reference under Section 18 of the Act at the instance of landowners, has categorised the land into two belts. The land up to a depth of 60 yards abutting the main Chandigarh-Ambala Road has been evaluated at the rate of Rs. 1,67,000/- per acre whereas the land beyond 60 yards 'depth has been given the valuation of Rs. 1,50,000/-per acre.

(3.) THE learned counsel for the claimants has, in the first instance, argued that the belting method should not have been resorted to by the District Judge, particularly when Sh. J. S. Sekhon, District Judge (as he then was) granted compensation at the rate of Rs. 1,67,000/- while dealing with the present notification. It has further been argued that his Court may take down the average of all the sale transactions, Exhs. P-12 to P-15, P-17, P-18, P-21 and P-22, as all the villages are adjoining each other. In the alternative, it has been argued that if this Court is not inclined to take into consideration the sale deeds pertaining to other villages, the sale deeds Exhs. P-13, P-17 and P-18 be considered for evaluating the acquired land.