Dharam Chand vs The State of Haryana

Jai Singh Sekhon, J.—In pursuance of the notification published on 1st October, 1982, u/s 4 of the Land Acquisition Act, 1894 (hereinafter called the Act), the State of Haryana sought to acquire land measuring 9.79 acres from the revenue estate of village Khurrampur Majri, Tehsil Ambala, at public expense for a public purpose, namely, for the construction of Dhandehri sub-minor on the left side of the Panjokhra minor. The Land Acquisition Collector vide his award dated 28th July, 1988, awarded compensation of the Barani land at Rs. 15000/- per acre, while that of the Gair Mumkin under passages etc. at Rs. 8000/- per acre.

Being dissatisfied with the adequacy of the compensation awarded by the Collector, different claimants sought reference u/s 18 of the Act to the Court of the District Judge, Ambala. The learned Additional District Judge vide his award dated 27th September, 1985 enhanced the compensation of the Barani land to Rs. 30,000/- per acre, while of the Gair Mumkin land under passages etc. to Rs. 25,000/- per acre. The learned Additional District Judge also allowed all the benefits under the amended provisions of the Act.

Still being dissatisfied with the adequacy of the compensation awarded by the Additional District Judge, Ambala, the appellants have filed R.F.A. Nos. 465 and 466 of 1986. The State of Haryana has also filed R.F.A. No. 371 of 1986 regarding the market price of the Gair Mumkin land only. All these appeals shall be disposed by this judgment as they arise out of the same award of the Additional District Judge and rest upon the same evidence.

The evidence of Babu Ram, Revenue Patwari (PW.1) leaves no doubt that the acquired land is located along the kacha passage connecting the G.T. road with village Saddopur. He had also stated that the acquired land is 2 1/2 Kms. from the Bus Stand of Ambala City, but outside the municipal limits of Ambala town. He further stated that the acquired land is not prone to floods during rainy season, but is located slightly at a lower level than the G.T road and the Kalka Railway track. The perusal of the plans, Exs P. 1 and P. 2 prepared by him on the basis of Shajra Aks further support his oral assertions, besides establishing that the land failing under Khasra No. 256 of this very revenue estate falls at a distance of 22/23 Killas of land from the acquired land. The land of Khasra No. 256 falls near the G.T. road and at a distance of three fourth of a killa from the said link road. During cross examination, he admitted that the Bus Stand of Ambala City is at a distance of 2 1/2 Kms. from the acquired land and that the acquired land falls at a distance of 1/Kms. from the Ambala-Kalka railway track. In answer to Court question he further clarified that some portion of the land of village Khurrampur Majri is within the municipal limits of Ambala City and that the land of this village falls on both the sides of the G.T. road. Yogdhian Patwari of Land Acquisition Office, while appearing as R.W.1 also admitted that the acquired land falls at a distance of 25 Killas from the G.T. road. Thus, under these circumstances, there is no escape but to hold that the trend of the population of Ambala City was towards the acquired land, though it is located at a distance of 2 1/2 Kms from the Bus Stand of Ambala City and at a distance of about 1500 yards from the land of Khasra No. 256, a part of which was sold vide sale-deeds Exhibits P3 to P5. No doubt the sale-deeds Exhibits P.3 to P.5 involved the sale of small pieces of land, having better situation potential than the acquired land of the appellants, but being a part of the same revenue estate, can provide genuine basis for assessing the market value of the acquired land after applying the reduction of 33% regarding better location and 33% on account of small pieces of land. The details of these three sale deeds are given as under:-

Sr. No.

Exhibit Area

Sale price

Average sale price.

Ex P. 3.

9 Marlas = 200 sq. yards (KhurampurMajri)

9500/- 17-2-82

(sic)/- per acre.

Ex P. 4.

6-22/30 Marlas= 200 sq Yds (KhurampurMajri)

9800/- 9-7-82

2,24,000/- per acre.

Ex. P. 5.

11-6/30 Marlas = 333 sq Yds (KhurampurMajri)

12,000/- 22-7-82

1,74,400/- per acre.

The average sale price of these sale-deeds work upto Rs. 1,88,000/-per acre and one-third of the same after applying the 66% cut in the market price would work upto Rs. 62866/- per acre. However, some variation in the price cannot be ruled out for assessing the market value of large area of land, especially when the sale-deed. Exh. P.4 pertains to 200 sq. yards only. Thus, if we take into consideration sale-deeds, Exhibits P.3 and P.5 only, per acre price after applying 66% cut would work upto Rs. 57066/-.

In order to rule out any hardship to the claimants in fixing the market value of the acquired land on 19th July, 1982, if transpires that the decision of this Court in R.F.A. No. 2141 of 1984 - (State of Haryana v. Smt. Bachan Kaur R.F.A. No. 2141 of 1984), decided on 8th May, 1986, pertaining to the land of village Singhwala also located near the Ambala town vide notification published on 24th June, 1982, for the acquisition of land for the construction of the Panjokhera minor would assume importance. The perusal of the said judgment reveals that the land in that case was located within the municipal limits of Ambala town and touching the residential colony of Ram Dass Nagar and the Municipal Water Tanks of Ambala City and Durga Nagar. In view of this situation potential of the acquired land of village Singhwala, the compensation at the flat rate of Rs. 93,000/- per acre was awarded, though the Additional District Judge has awarded this much compensation for Nehri land only. In that case, sale deeds pertaining to 16 Kanals and 14 Kanals 12 Marlas were made the basis for assessing the above referred market price of the acquired land. Thus, no reduction was made from the above market value of the acquired land as it was based on sale-deeds involving large tracts of land. However, one third cut has to be applied in view of better situation potential of the acquired land of village Singhpura in that case. Thus, the market value of the acquired land of the appellants would work upto Rs. 61,000/- per acre.

In R.F.A. No. 252 of 1985 - Joginder Singh v. State of Haryana and another R.F.A. No. 252 of 1985, decided on 2nd February, 1987, this Court again followed the view taken in R.F.A. No. 2141 of 1984 referred to above, and awarded compensation of the acquired land located in the revenue estate of village Kalal Majri at the above referred rate though the land was located in the revenue estate of village Patti Jatan and Patti Kalalan, but near the outer limits of Ambala City by holding that it had a situation potential for urban purposes.

The sale-transaction exhibited by mutation R-1 relied upon by the lower Court for working out the compensation of the acquired land at Rs. 30,000/- had to be ignored being not admissible in evidence in view of the Full Bench decision of this Court in the State of Punjab v. Pohu (1986-1) 89 P.L.R. 109 (F.B.).

The question then arises whether Dharam Chand, appellant, is entitled to some compensation for the severence of his land-holdings in view of the construction of the Dhandehri minor. In this regard it transpires that though there is a bridge at the junction of this sub-minor with the Panjokhera minor and the unacquired land of Dharam Chand falls on both sides of this bridge, but the service road along the bank of this minor being limited for the use of canal Authorities only for the purpose of maintenance etc. of the canal, it transpires that he was to be awarded some compensation for severence of his land holdings. In a similar situation in R.F.A No. 2141 of 1984 referred to above, brother I.S. Tiwana, J. had awarded compensation of the unacquired land at the rate of 10% of its market value. Thus no different yard stick can be adopted in the present cases and the claimants had to be allowed compensation for severence of land holdings at the rate of 10% of the market price for their unacquired area of land falling beyond the canal minor qua the habitation of his village.

To view of the above discussion the market value of the acquired land is assessed at Rs. 6,000/- per acre. The claimants shall also be entitled to an amount equal to 12% per annum over and above the market price from the date of notification u/s 4 of the Act, till the date of the pronouncement of the award by the Land Acquisition Collector or taking of the possession of the land, whichever is earlier, besides solatium at 30 % over and above the said market price. The appellants shall also be entitled to 9% per annum interest on the said compensation for the first year from the date of delivery of possession of the land and 15% per annum for the subsequent years. However the enhancement of the compensation shall be circumscribed by the respective court-fee paid by the appellants.

For the foregoing reasons, the appeal filed by the State for reduction in the market price of Banjar Qadim land fails, while R.F.A. Nos. 465 and 466 of 1986 stand accepted to the extent indicated above. There is, however, no order as to costs.