HARCHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment I shall dispose of two Regular First Appeal Nos. 2853 of 1986 and 82 of 1987 as they arise out of one and the same award of the learned District Judge dated 2.9.1986. Regular First Appeal No. 2853 of 1986 has been preferred by the claimant whereas Regular First Appeal No. 82 of 1987 has been filed by the State of Punjab. The claimant has sought enhancement of he compensation awarded under the award of the learned District Judge. On the other hand, the State of Punjab has claimed for reduction of the compensation and for maintaining the award of the Collector.

(2.) The Punjab Government issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') on 4.2.1981 for acquisition of land situate in village Kambali, Tehsil Kharar District Ropar for the purpose of expansion of Industrial Focal Point Mohali (S.A.S. Nagar). The land of the appellant claimant Harchal Singh (hereinafter to be referred as the claimant) measuring 3 Kanals 6 Marlas was also acquired. The total land acquired under the aforesaid notification dated 4.2.1981 is 178 Kanals 4 Marlas. The Land Acquisition Collector vide his award No. 4 dated 22.12.1983 assessed the compensation payable to the land-owners at the following rates :-

(3.) Mr. V.K. Jhanji, learned counsel for the appellant, has vehemently argued that the learned District Judge has fallen into serious errors in fixing the compensation at the rate of Rs. 85,000/- per acre only. He has further argued that the learned district Judge was in error in maintaining the cut imposed by the Collector. In order to appreciate the submissions made by the learned counsel, it is necessary to have a look at the potentialities of the land. There is no gainsaying the fact even the learned District Judge after relying on the site plan Exhibit P.1 has come to the conclusion regarding the high potentialities of the acquired land. It has been observed by the learned District Judge in his award under challenge that phase Nos. X and XI of Urban Estate Mohali have come up in the land of village Kambali earlier and that the acquired land of the claimant is at a distance of only three killas from phase XI. The learned district judge goes to observe that the situation of the acquired land admittedly is quite close to the area already under development of the Urban Estate and that the very purpose of the acquisition of the acquired land is for expansion of the industrial Focal Point which did imply that the acquired land of the claimant was fit for industrial purposes. After making all the observations in favour of the claimant, the learned District Judge, in my view, has not been able to grant the correct compensation for the acquired land. Before the learned District Judge oral evidence was also led by the claimant which has been read out before me. P.W. 1 Bhupinder Singh stated that in phase IX in Mohali a plot measuring 407 square yards was sold for a consideration of Rs. 25,998/- and another plot measuring 507 square yards in phase XI in Mohali fetched Rs. 2,31,000/-. However, the learned District Judge has ignored both the sale transactions on the ground that the aforesaid two plots were sold on 27.3.1982 whereas the land in dispute was acquired on 4.2.1981. Both the transactions of sales were ignored they being post-dated sales. Although, it is true that the plot in phase IX in Mohali measuring 507 square yard was sold for a sum of Rs. 2,31,000/-, yet it is not true as regards the sale of plot of 407 square yards in phase IX in Mohali. The plot was sold on 12.1.1978. This is borne out from the letter of allotment, certified copy of which has been placed on the Judicial file by the learned counsel for the appellant and is exhibited by me as P.W.1/A. This letter can, therefore be well termed as equivalent to the sale deed and the same is, therefore, admissible in evidence particularly when its photostat copy was placed on the record of the case before district judge Ropar by the official witness who had brought the original record. The transaction of sale of plot measuring 407 square yards for a sum of Rs. 23,635/- and that too three years prior to the acquisition does change the complexion of the entire case for judging the market value of the acquired land at the time of the notification under section 4 of the Act. If the sale transaction of the afore-mentioned plot in phase IX is to be made the sole basis for determining the market value, of the acquired land, it would come to Rs. 2,81,065 per acre.