HARDEV SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) This judgment of mine will dispose of Regular First Appeal Nos. 105, 106 and 167 of 1982, Civil Misc. No. 2956/C.1 of 1986 filed in RFA No 105 of 1982 and Civil Misc No. 2959/C.I. of 1986 filed in RFA No. 106 of 199 3, all filed by the appellants-landowners. RFA. No. 150 to 153 of 1982 filed by the State of Punjab as also Cross-Objection No. 137/C.I. of 1982 and Civil Misc No. 114/C.I. of 1982, both filed in RFA No. 152 of 1982 as all of them arise out of a common award of the learned Additional District Judge, Patiala, dated 6th October, 1981, by notification dated 21st February, 1975 issued under section 4 of the Land Acquisition Act (for short 'the Act'), land measuring 8 kanals 8 marlas comprised in khasra Nos 171/26, 474-min, 808-min, 498-min, 497-min, 495, 484/1521/15 situated in Bassi Pathanan was acquired by the State of Punjab for setting up the Industrial Training Institute at Bassi Pathanan. The Land Acquisition Collector determined the market value of the acquired land at the rate of Rs. 60,000/- per acre. On reference under Section 18 of the Act the learned Additional District Judge. evaluated the said land at, the rate of Rs. 80,000/- per acre.

(2.) Before the value of the land is determined, it is necessary to have a look at the potentialities of the land in dispute. The land is situated on the corners of two roads and is opposite to the residential building known as 'Halim Manzil'. It is at a stone's throw from the Courts and the office of the Deputy Superintendent of Police Bus stand and. certain industrial units area situated at a short distance from the acquired land. Bassi Pathanan is a Sub Divisional Headquarter. The location and the potentialities of the acquired land have been discussed in the award of the learned Additional District Judge and the same have not been disputed before me.

(3.) Mr. Gurbachan Singh the learned counsel for the landowners has argued that the learned Additional District Judge has erred in rejecting the two sale deeds Exhibits A 2 and X-4. He further argued that the observation of the learned Additional District Judge that Exhibit A-2 relates 16 a sale transaction pertaining to the year 1972 and this land had a special value for Nirankari Bhawan is no good a reasoning for discarding Exhibit A-2. The learned counsel has also argued that Exhibit A-4 could not be discarded on the ground that Dr. Narinder Singh RW-3 purchased the land as he was in need of it. There is a considerable force in the arguments of the learned counsel. Nothing has been brought on the record of the case to conclude that the land forming the subject matter of Exhibit A-2 had any special value for setting up Nirankari Bhawan Similarly, the sale transaction Exhibit A-4 cannot be discarded because the purchaser was badly in need of the plot. It is only when a person needs a particular piece of land that he goes in for transaction of a particular property. The State Government also acquires the land only when it is needed for some public purpose. Dr.Narinder Singh was not cross-examined on the point that he paid more price because he was badly in need of the plot. Both these sale transactions were executed and registered prior to the issuance of notification under Section 4 of the Act. Exhibit A-2,was registered on 19th January, 1972 whereas Exhibit A-4 was registered on 24th December, 1974. The land forming part of these two transactions of sale also measured more than 2 kanals each and is situated very near to the acquired land. Therefore, it cannot be said that area sold by these two sale deeds was such a small one that the aforesaid two transactions of sale cannot be held to be comparable sales vis-a-vis the acquired land which is measuring 8 kanals 8 marlas only. After examining the entire evidence on the record of the case, I am of the view that the two transactions of sales aforesaid are comparable sales and, therefore, they should be considered for determining the market value of the acquired land. The price per acre of the land relating to Exhibit A-2 is Rs. 97,000/- whereas the price of land mentioned in Exhibit A-4 per acre is Rs. 86,000/-: The average, therefore, of market value determined in the aforesaid two transactions of sale comes to Rs. 9 1,500/- per acre.