HARNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Regular First Appeal No. 1758 of 1985 filed by the landowner and Regular First Appeals No. 1867 to 1971 of 1985 filed by the State of Punjab as they arise out of the same award of the Learned Additional District Judge, Faridkot, and rest upon the same evidence.

(2.) In brief the facts relevant for the disposal of these appeals are that in pursuance of notification published on 20-1-1978 and issued under section 4 of the Land Acquisition Act, 1894 , (hereinafter referred to as 'the Act) the State of Punjab sought to acquire 8.23 acres of land from the revenue estate of village Ude Karan, tehsil Muktsar, district Faridkot, for the construction, of Muktsar By-pass to road. Ultimately, on measurement only 7.84 acres of land was acquired. The Land Acquisition Collector vide his award dated 6-3-1980 assessed the compensation of the acquired land at the rate of Rs. 16,490/- per acre. He also awarded compensation at the rate of Rs. 400/-per acre for shifting of the land owners 'due to acquisition of their land besides awarding another sum of Rs. 400/- par acre for severance of land holdings. Rs. 6285/- in all were awarded as compensation of the standing crops. 15% solatium over and above the said compensation was also awarded. Being dissatisfied with the adequacy of the compensation of their acquired land, the landowners 'successfully sought references to the Court of District Judge, Faridkot. All these references were disposed of the learned Addl. District Judge vide his impugned award dated 3-6-1985 and compensation of the acquired land was enhanced to Rs. 32,000/- per acre by holding that the acquired land had unique situation potential of being used for residential and commercial purpose as it was located in the urban limits of Muktsar along the Muktsar-Kotkapura main road. Still being not satisfied with the adequacy of the compensation, Harnam Singh. landowner, has filed Regular First Appeal No. 1758 of 1985. The State of Punjab being aggrieved against the order of enhancement of compensation passed by the Additional District Judge. has come up in Regular First Appeals No. 1867 to 1871 of 1985. Civil Miscellaneous No. 116/CI of 1988 filed by Harnam Singh, landowner, for additional evidence was allowed by Justice Gokal Chand Mital on May 27, 1998, and certified copy of the sale deed dated 25-10-1977 was ordered to be read in evidence, Vidc order dated October 28, 1988 the appellant was also allowed to produce certified copies of the sale deeds Exhibits A3/A, A5/A, A8/A, A9/A and A11/A as in view of the Full Bench decision of the Supreme Court in State of Punjab v. Paho and another, 1985 PunLJ 583, the mutations were rendered inadmissible for ascertaining the terms and conditions of the sale.

(3.) Mr. K. C. Puri, the learned counsel for the appellant, contended that the acquired land had unique situation potential being located in the urban limits of Muktsar town and along the main Muktsar Kotkapura road. He also highlighted the existence of Government College near the acquired land as well as some houses. having been constructed along this road beyond the acquired land towards Kotkapura side. He further maintained that in view of the location of the land, the sale deeds Exhibits A3/A, A5/A, A8/A, A9/A, and A II/A pertaining 'to small pieces of land should be taken into consideration for assessing the market value of the acquired land after applying a suitable cut. The learned Advocate General, on the other hand, maintained that the compensation of the Acquired land awarded by the Land Acquisition Collector was adequate and that the learned Additional District Judge had wrongly enhanced the compensation by treating it to be fit for being used for residential and commercial purposes even though actually it was being used for agricultural purposes.