DHARAM CHAND Vs. THE STATE OF HARYANA THROUGH THE LAND ACQUISITION COLLECTOR (P.W.D.) (SIC) MODEL TOWN AMBALA CITY

JUDGEMENT

(1.) IN pursuance of the notification published on 1st October, 1982, under section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act), the State of Haryana sought to acquire land measuring 9.79 acres from the revenue estate of village Khurrampur Majri, Tehsil Ambala, at public expense for a public purpose, namely, for the construction of Dhandehri sub -minor on the left side of the Panjokhra minor. The Land Acquisition Collector vide his award dated 28th July, 1988, awarded compensation of the Barani land at Rs. 15000/ - per acre, while that of the Gair Mumkin under passages etc. at Rs. 8000/ - per acre.

(2.) BEING dissatisfied with the adequacy of the compensation awarded by the Collector, different claimants sought reference under section 18 of the Act to the Court of the District Judge, Ambala. The learned Additional District Judge vide his award dated 27th September, 1985 enhanced the compensation of the Barani land to Rs. 30,000/ - per acre, while of the Gair Mumkin land under passages etc. to Rs. 25,000/ - per acre. The learned Additional District Judge also allowed all the benefits under the amended provisions of the Act.

(3.) THE evidence of Babu Ram, Revenue Patwari (PW.1) leaves no doubt that the acquired land is located along the kacha passage connecting the G.T. road with village Saddopur. He had also stated that the acquired land is 2 1/2 Kms. from the Bus Stand of Ambala City, but outside the municipal limits of Ambala town. He further stated that the acquired land is not prone to floods during rainy season, but is located slightly at a lower level than the G.T road and the Kalka Railway track. The perusal of the plans, Exs P. 1 and P. 2 prepared by him on the basis of Shajra Aks further support his oral assertions, besides establishing that the land failing under Khasra No. 256 of this very revenue estate falls at a distance of 22/23 Killas of land from the acquired land. The land of Khasra No. 256 falls near the G.T. road and at a distance of three fourth of a killa from the said link road. During cross examination, he admitted that the Bus Stand of Ambala City is at a distance of 2 1/2 Kms. from the acquired land and that the acquired land falls at a distance of 1/Kms. from the Ambala -Kalka railway track. In answer to Court question he further clarified that some portion of the land of village Khurrampur Majri is within the municipal limits of Ambala City and that the land of this village falls on both the sides of the G.T. road. Yogdhian Patwari of Land Acquisition Office, while appearing as R.W.1 also admitted that the acquired land falls at a distance of 25 Killas from the G.T. road. Thus, under these circumstances, there is no escape but to hold that the trend of the population of Ambala City was towards the acquired land, though it is located at a distance of 2 1/2 Kms from the Bus Stand of Ambala City and at a distance of about 1500 yards from the land of Khasra No. 256, a part of which was sold vide sale -deeds Exhibits P3 to P5. No doubt the sale -deeds Exhibits P.3 to P.5 involved the sale of small pieces of land, having better situation potential than the acquired land of the appellants, but being a part of the same revenue estate, can provide genuine basis for assessing the market value of the acquired land after applying the reduction of 33% regarding better location and 33% on account of small pieces of land. The details of these three sale deeds are given as under: -