SHAHABUDDIN Vs. PUNJAB STATE

JUDGEMENT

(1.) In pursuance of notification under Section 4 of the Land Acquisition Act (hereinafter called the Act) published in the official gazette on November 4, 1960, the land measuring 787 kanals and 11 marlas situate in the revenue estate of village Ranhera, tehsil Ballabgarh was acquired by the State Government for public purpose, namely for setting up a spun pipes factory. The Land Acquisition Collector vide Award dated February 18, 1963, assessed the market price of the said land at the rate of Rs. 3/- per square yard. Both the State Government as well as the landowners got separate reference made under Section 18 of the Act which were disposed of by a common judgment dated November 29, 1965, by the learned Additional District Judge, Gurgaon, and the market price was reduced to Rs. 2/- per square yard. Still dissatisfied the State as well as the landowners have filed separate Regular First Appeal Nos. 210 and No. 88 of 1966 respectively.

(2.) In the appeal filed by the State, respondent Nos. 1, 4, 5 and 6 have died. Their legal representatives having been not impleaded within the prescribed time, the said appeal stands abated and is accordingly dismissed.

(3.) In the appeal filed by the landowners, the only issue which is contested before me is the one relating to the market price of the land. The land-owners claimed the price of the land at the rate of Rs. 4/- per square yard. In support of their claim they relied on a number of sale transactions, Exhibits P.4 to P.8 P.10, P.11, P.12 and P.W 20/1. The State in rebuttal also produced a number of documents relating to sale transactions but at the time of argument in this Court reliance was placed only on Exhibits R.16, R.18 and R.23. The learned Additional District Judge refused to place reliance on any of the sale transactions proved by the land-owners and after discussing the sale transactions proved by the State but without relying on any particular transaction reduced the market price to Rs. 2/- per square yard.