LAL CHAND Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS judgment of mine will dispose of R.F.A. Nos. 2789, 2790, 2860, 2861 of 1986, 2, 5, 106, 107 and 213 of 1987 all filed by the Appellant -landowners and R.F.A. Nos. 246, 248 to 252 of 1987 preferred by the State of Punjab as they arise out of the common Award of the Additional District Judge Bathinda dated 5 -9 -1986.

(2.) THE State of Punjab acquired land measuring 183 Kanals and 15 Marlas situated at Mansa District Bathinda for setting up of a Co -operative Spinning Mills by issuance of a notification dated 5 -6 -1981 under Section 4 of the Land Acquisition Act (here -in -after called 'the Act'). The Land Acquisition Collector assessed the market value of the acquired land at Rs. 3500/ - per acre. The landowner claimants, sought reference under Section 18 of the Act. The Additional District Judge by his impugned Award has, upto the depth of 50 Karams from the road, evaluated the land at Rs. 80,000/ - per acre and for the rest of the land the Award of the Land Acquisition Collector was upheld. As has been observed above, both the landowner -claimants and the State of Punjab have come up in appeals before this Court. The State of Punjab has sought reduction in the grant of compensation of those landowners whose lands lie upto the depth of 50 Karams whereas the other landowners have challenged the impugned Award of the Additional District Judge seeking enhancement in the amount of compensation.

(3.) APART from the high potentialities of the land which have been noticed above, sale -deeds Exhibits A8, A9 and A.20 have rightly been found to be relevant for determining the market value of the acquired land by the Additional District Judge and by virtue of which portions of the acquired land were sold. The above mentioned sale deeds have been found to be bona fide and relied upon by the Additional District Judge which according to him brings out the average sale price per acre at Rs. 1,10,000/ -. On a perusal of these three sale deeds and after taking out the average price per acre, it has been found by me that the average sale price per acre comes to Rs. 1,14,581/ - which is rounded off at Rs. 1,15,000. While taking out the average sale price, the Additional District Judge apparently made wrong calculations, this is one aspect of the matter which needs to be rectified in the Award of the Additional District Judge. The second aspect of the matter is that in view of the high potentialities of the land and in view of the fact that the land is situated within the municipal limit, how much deduction should be applied to the average sale price of the three sale deeds pertaining to the sale of portions of the acquired land and that too before the issuance of notification under Section 4 of the Act. It may be noticed at this stage that Exhibits A.8 and A.9 were registered on 16 -9 -1980 and Exhibit A.20 was registered on 9 -2 -1981, that is, all the sale deeds are prior to the date of the notification. Since the sales are out of the acquired land and since there are high potentialities of the acquired land which have been noticed above, I am of the considered view that the court should not apply a cut of 1/3rd. The application of a cut of 1/3rd would be most inequitable and unjust. After examining all the facts and the circumstances of the case and after applying all my rational guess work which is so inherent in the nature of cases with which I am dealing with, that is, Land Acquisition matters, I am of the considered view that the application of 1/4th cut would be most equitable, just, fair and reasonable. After applying a cut of 1/4th the market value of the acquired land comes to Rs. 86,250/ - per acre. As regards the special belt upto the depth of 50 Karams from the road, the same is determined at Rs. 92,750/ - per acre. I have given an increase of Rs. 6500/ - per acre because the Additional District Judge had also while creating special belts upto the depth of (Sic)0 Karams had given an increase of Rs. 6500/ - per acre.