JOHAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This batch of 18 appeals, out of which 09 appeals bearing Regular First Appeal Nos.2386 to 2394 of 2013 filed by the beneficiary department i.e. Punjab Mandi Board and remaining 09 appeals filed by the land owners bearing Regular First Appeal Nos.5752 to 5760 of 2012, arising out of the same acquisition, is being decided vide this common order, as these appeals raise identical questions of law and facts. However, with the consent of learned counsel for the parties and for the facility of reference, facts are being culled out from RFA No.5752 of 2012 (Johar Singh Vs. State of Punjab and others).

(2.) Facts are hardly in dispute. Land measuring 16 acres, 04 kanal, 12 marla, out of revenue estate of Lalru, was acquired at public expenses for the public purpose namely; for construction of new Grain Market and office of Market Committee, Lalru, District Patiala. Accordingly, notification dated 25.02.2000 was issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), which was followed by notification dated 31.10.2000 under Section 6 of the Act. Land Acquisition Collector, vide his award dated 25.11.2002 granted the compensation at the uniform rate of Rs.6,00,000/- per acre. Dissatisfied, land owners filed their objections under Section 18 of the Act and as a consequence thereof, as many as 09 land references were forwarded to the learned reference Court. All the nine land references were decided together by the learned reference Court vide common award dated 18.05.2012 granting Rs.14,50,000/- per acre at the uniform rate

(3.) The land owners produced as many as 10 sale instances, which have been discussed by the learned reference Court in para 12 of the impugned award. The land sold vide sale deeds Ex.P16, Ex.P20, Ex.P24 and Ex.P25 have been clearly depicted on the site plan Ex.P7. Piece of land measuring 01 bigha sold vide sale deed Ex.P20 was part of the acquired land. Land sold vide sale deed Ex.P16 was just across the road situated in front of the acquired land. Similarly, land sold vide sale deed Ex.P24 and Ex.P25 was just touching the acquired land, thus, these four sale deeds have been found to be very relevant and best pieces of evidence, which can be safe guide for assessing the market value in the instant case. However, since sale deed Ex.P25 was for a smaller piece of land, the same is not being taken into consideration. Still further, to be fair to all concerned, it would be just and appropriate to take the average market value disclosed in all these three sale deeds i.e. Ex.P16, Ex.P20 & Ex.P24, which comes to Rs.25,88,000/- per acre. From sale deed Ex.P20 till the date of notification under Section 4 of the Act, there was a time gap of one year and 10 months. From the sale deed Ex.P16, the time gap was of 01 year and 03 months. Similarly, from sale deed Ex.P24, the time gap was about 09 months. Thus, even if the average time gap is taken that would come to more than one year. However, to be on safer side, the land owners can be held entitled for the annual increase at the rate of 15% per annum at least for one year. 15% of the abovesaid market value of Rs.25,88,000/- per acre would come to Rs.3,88,200/- and the total thereof would be Rs.29,76,200/- per acre. Accordingly, the land owners are held entitled to receive the compensation for their acquired land at the uniform rate of Rs.29,76,200/- per acre, from the date of notification under Section 4 of the Act. Although the State of Punjab produced as many as seven sale instances as discussed by the learned reference Court in para 12 of the impugned award, but none of those sale deeds have been found worth consideration, for the reason that the land sold through these sale deeds was nowhere near the acquired land. State of Punjab as well as the beneficiary department i.e. Punjab Mandi Board have failed to produce any relevant site plan on record, so as to show the distance between the acquired land and the land sold through these sale deeds, which might have made these sale deeds worth consideration. In the absence of the relevant evidence, all these sale deeds produced by the State of Punjab cannot be taken into consideration for the purpose of assessing the market value of the acquired land.