PRAKASH KAUR Vs. L.A.C.

JUDGEMENT

(1.) All these appeals are directed against the impugned award rendered by the learned District Juna, Una in Land Reference Petition Nos. 1,2,3,4,5,6,7 and 8 of 2002, wherein the award of the learned District Judge, Una is subjected to a frontal attack by the learned counsel for the appellants herein, on the score of his having assessed deficient, unjust and unreasonable compensation in favour of the appellants herein qua their lands subjected to acquisition for respondent No.3- General Manager Northern Railways.

(2.) The learned counsel appearing for the appellants herein has concerted to espouse before this Court that the learned District Judge in rendering findings, on the issues, qua which the parties were at contest, has committed an impropriety inasmuch as he has omitted to take into consideration the factum of applicability of award rendered in a Reference Petition comprised in Ex. P-4 to the instant appeal even though, the lands of the land owners therein, as were subjected to acquisition, while being located in Village Ajnauli, as are the lands of the appellants herein located, as such, the determination of compensation by the learned District Judge in his award comprised in Ex. P-4 ought to have been the determinant parameters for the learned District Judge, Una in his impugned award to on its strength assessing compensation qua the lands of the appellants herein. He hence, concerts that the learned District Judge, Una while assessing compensation qua the lands of the appellants herein has discarded the probative worth of Ex. P-4 and proceeded to assess a deficient, unreasonable and unjust compensation qua the lands of the appellants herein. The above contention as addressed before this Court by the learned counsel appearing for the appellants herein would garner immense weight and strength in the face of cogent evidence having come to be adduced before the learned District Judge, Una qua the fact of the advantages inherent in the lands of the land owners subjected to acquisition and qua which a determination was rendered by the learned District Judge, Una in Ex. P-4 and which advantages are extracted hereinafter being also inherent in the lands of the appellants herein while both being proximately located to each other.

(3.) The apt and apposite evidence of probative worth to constitute or to lay foundation for an inference that the advantages borne by the lands of the land owners qua whose lands an award is comprised in Ex. P-4 are also borne by the lands of the appellants herein was comprised in potent and cogent evidence portraying the factum of proximity of lands of the lands owners qua whom an award was rendered in Ex. P-4 with the lands of the appellants herein. Even though the oral testimonies of the petitioners in support thereof exist or occur on record, however, the self serving depositions of the petitioners are deficient as well as inapt for rendering a conclusion that hence cogent and potent evidence has come on record qua accomplishment and fulfillment of the relevant admissible parameter of the lands comprised in Ex. P-4 being situated in close proximity to the lands of the appellants so as to prod this Court to adjudge, on the strength of compensation determined in Ex. P-4, compensation qua the lands of the appellants herein at par thereon. Rather the deposition of PW-1 unfolds the factum of lands being away from the main highway. Besides the deposition of PW-2 while unfolding the factum of the vastness of expanse of village Ajnauli where the lands of the appellants is located, in as much as its extending up to 7 Kms., does also give leeway to an inference that given the expanseness or the width of the tract of the village wherein the lands of the land holders qua whom an award was rendered as comprised in Ex. P-4 are located and wherein too the lands of the appellants herein are located, that, hence the lands of the land holders comprised in the verdict existing in Ex. P- 4 and lands of the appellants herein are improximately located. Consequently, as such, the determination of compensation by the learned District Judge in his award comprised in Ex. P-4 qua the lands located in Village Ajnauli as the lands of the appellants are located cannot for lack of cogent evidence portraying proximity interse lands of the petitioners in the award comprised in Ex. P-4 with the lands of the appellants herein form anvil for determining on score thereof compensation in favour of the lands of the appellants herein, too located in Village Ajnauli especially with theirs being improximately located to each other. Even otherwise the best evidence, for marshalling an inference that the determination of compensation by the learned District Judge in his award comprised in Ex. P-4 ought to be the anvil or anchor for determining on score thereof compensation for the lands of the appellants herein, was constituted by adduction of 'Khaka Dasti' at the instance of the Revenue Officials of the Mohal Concerned portraying the factum of proximity in location of the lands inter se the petitioners in award comprised in Ex. P-4 and the lands of the appellants herein. Omission of its adduction into evidence fosters rather a concomitant deduction that the lands of the land holders comprised in award existing in Ex. P-4 cannot be reinforcingly concluded to be forming or constituting a viable, just and apposite parameter for on its score determining compensation qua the lands of the appellants herein though located also in village Ajnauli. Consequently, the reasoning and the concomitant conclusions arrived at by the learned District Judge that the award of the learned District Judge Una comprised in Ex. P-4 is unreliable or does not constitute a relevant parameter for on its score adjudging or determining compensation for the lands of the appellants herein is un-interfereable.