SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Haryana Government vide notification No. 9880 Agricultural II(3)-81/3110 dated 6.3.1981 published in the Haryana Government Gazette (Extraordinary) on that very day under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) acquired 56 Kanals of land which ultimately after the issuance of Section 6 notification remained 54 Kanals 16 Marlas for the purpose of construction of a warehouse. The land is situated in Assandh, District Karnal. The Land Acquisition Collector awarded Rs. 50,000/- per acre as compensation. On a reference having been made under Section 18 of the Act, the learned Additional District Judge, Karnal vide his judgment dated 29.8.1984 upheld the award of the Collector.

(2.) The learned counsel for the appellant has vehemently argued that the learned Additional District Judge was in error in discarding the transaction of sale as evidenced by registered sale deed Exhibit P. 1 dated 10.6.1981 by which land measuring one Kanal was sold for sum of Rs. 40,000/- by Sampuran Singh P.W. 2. It was further argued on the strength of law laid down in State of Punjab v. Inder Singh,1969 71 PunLR 1034 and Tara Singh v. State of Punjab,1983 85 PunLR 286 that the bona fide transaction of sale even after Section 4 notification can be taken into consideration. On the other hand, the learned counsel for the State argued that the learned Additional District Judge in the absence of documentary evidence was perfectly justified in determining the market value at Rs. 50,000/- per acre. There is considerable force in the submission of the learned counsel for the appellant. No suggestion has been put to Sampuran Singh P.W. 2 that he was related to or friendly with the claimants whose land was sought to be acquired in the present case. In view thereof, this sale transaction could not be ignored simply because consideration of Rs. 10000/- was not proved which was alleged to have been advanced at the time of entering into agreement for sale. As regards consideration of Rs. 10,000/- I am in complete agreement with the finding arrived at by the learned Additional District Judge that the consideration of Rs. 10,000/- is not proved and that the sale in fact had taken place for Rs. 30,000/- only. However, as has been observed above this transaction of sale can be held to be bona fide as there is no evidence forthcoming on the record of the case to conclude that the sale deed was not bona fide. The other ground for ignoring the sale transaction namely that the land subject matter of Exhibit P.1 being situated at a distance of 11 Killas from the acquired land is also not a good ground to ignore the transaction of sale Exhibit P.1. It would, of course, be a ground for applying some costs. After placing reliance upon Exhibit P.1, I would, therefore hold that the transaction of sale Exhibit P.1 is bona fide and can be relied upon for determining the market vale of the acquired land at the time of the time of the notification under Section 4 of the Act.

(3.) Faced with this situation, the learned counsel for the State has argued and rightly so that if Exhibit P.1 is relied upon, this Court has to apply necessary cuts in view of smallness of the size of the land sold by Exhibit P. 1. He is further right in contending that since the land forming part of sale deed Exhibit P.1 is situated at a distance of 11 Killas from the acquired land, a further cut has to be applied. After taking into consideration the totality of the circumstances of the case, I am of the firm view that 50 per cent cut has to be applied on both counts. In other words, 1/3rd cut has to be applied in view of the smallness of the size of the land forming part of Exhibit P.1 and a further cut has to be applied making the cut to the extent of 50 per cent on account of location. In view thereof, the market value of the acquired land after applying a cut of 50 per cent to the sale price of Rs. 30,000/- in the sale deed Exhibit P. 1 would come to Rs. 15,000/- per kanal. In other words, the market value of the acquired land on the date of the notification comes to Rs. 1,20,000/- per acre. There is no gainsaying that the land in dispute had high potential value which has been noticed not only by the learned Additional District Judge on the basis of the evidence recorded by him but even by the Land Acquisition Collector who has so observed that "the land abuts the main pacca road and there are a few commercial premises also in its close neighbourhood. Further I have seen that this piece of land is very fertile agricultural patch. All these advantages attached to this land would make it a very potential spot from the view of the market value." Besides the above-quoted finding of the Collector, it has come on the record of the case that there are five shellers around the acquired land; there is a truck union and school building also near the acquired land. It has further come on the record that Assandh had become tehsil headquarter and there is a municipality. Evidence has been led by the claimant to show the abadi of Assandh was increasing towards the side of the acquired land as it was on the higher level and water did not collect there.