AI Structured Summary
Not yet generated for this judgment
Judgment
K.S. Kumaran, J.
L.P.A. No. 977 of 1988 arises from R.F.A. No. 1220 of 1984, while L.P.A. No. 978 of 1988 arises from R.F.A 1221 of 1984. L.P.A. 979 of 1988 arises from RFA 1219 of 1984. L.P.A. 1324 of 1988 arises from R.F.A. 1222 of 1984. The learned single Judge disposed of all the above said First Appeals by the common judgment dated 2.6.1988 rendered in R.F.A. 1219 of 1984. These First Appeals in turn were preferred by the respective appellants/ claimants against the award dated 4.4.1984 passed by the Additional District Judge, Ambela (Mr. M.C. Aggarwal) in L.A.C. Nos. 193 of 1983, 195 of 1983, 194 of 1983 and 2/4 of 2.5.1983, who had disposed of all these Land Acquisition Cases by his common award.
L.P.A. 1211 of 1988 arises from the judgment in R.F.A. 466 of 1986 which was disposed of along with R.F.A. 465 of 1986 by the learned Single Judge of this Court by the judgment dated 2.6.1988. R.F.A. 466 of 1986 itself was preferred by the claimants against the award of the Additional District Judge, Ambala (Mr. V.M. Jain) in L.A.C. No. 588/4 of 1984 dated 27.9.1985 relying upon the decision of Mr. M.C. Aggarwal, Additional District Judge, Ambala, referred to above.
LPAs other than L.P.A.1211 of 1988 relate to the acquisition of lands as per notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act), published on 19.7.1982 in respect of 2.639 acres of land in Village Khurampur Majri, Tehsil and District Ambala, for the construction of Panjokhra Minor. The Land Acquisition Collector by his award dated 29.9.1982, awarded compensation at the rate of Rs. 16,000/ per acre for barani land. The land owners/claimants were not satisfied and, therefore, reference under Section 18 of the Act was made and the Additional District Judge, Ambala (Mr. M.C. Aggarwal) passed the awards dated 4.4.1984 granting compensation for the lands acquired at the rate of Rs. 30,000/ per acre with 15% solatium and 6% interest. Before the learned Additional District Judge, the claimants produced three sale deeds as detailed below :
S.No.
Exhibit Area
Sale price
Rate of sale,
1.Ex.P.1
622/30 marlas 200sq.yds. (Khurampur Majri).
9800/ 9.7.82
2,24,000/ per acre
2.Ex.P.2
9 marlas 272sq.yds. (Khurampur Majri).
9500/ 17.2.82
1,68,000/ per acre
3.Ex.P.3
11marla 353sq.yds. (Khurampur Majri).
12000/ 20.7.82
1,74,400/ per acre
The learned Additional District Judge held that the lands comprised in these sale deeds are not similar to the acquired lands since they related to small plots situated within the municipal limits of Ambala City whereas the acquired lands are large chunk of agricultural lands, and also that there is no evidence that they were within the said municipal limits at the time of acquisition. The learned Additional District Judge also opined that small plots generally fetch higher prices, and the rates of such plots cannot be relied upon at face value for evaluating the price of large chunks of acquired lands. The learned Additional District Judge further held that the lands comprised in the above said three sale deeds were definitely better in situation and potential in all respects than the present acquired lands. The learned Additional District Judge also held that the lands covered by these 3 sale deeds are on the main road or connected with pucca roads, and that they are also towards the Ambala City side of Dhulkot Railway Station, whereas the acquired lands are on the other side of the Railway Station. So, he held that these lands covered by these 3 sale deeds are not comparable to the present acquired lands.
L.P.A. 1211 of 1988 is in respect of the acquisition made in pursuance of the notification under section 4(1) of the Land Acquisition Act published on 1.10.1982 in which an extent of 9.79 acres of land of the same village Khurampur Majri for the construction of Dhanderi SubMinor (on the left side of above said Panjokhra Minor) was acquired. This notification is about 31/2 months later than the notification in the other 4 cases mentioned above. In respect of these lands, the Land Acquisition Collector by his award dated 28.7.1983, awarded compensation for the barani land at the rate of Rs. 16,000/ per acre and for the Gair Mumkin Land under passages etc., at the rate of Rs. 8,000/ per acre. On a reference under Section 18 of the Act, the learned Additional District Judge, Ambala (Mr. V.M. Jain) took note of the evidence that the acquired land was outside the municipal limits of Ambala City, that the Panjokhra Minor (concerned in the order 4 cases mentioned above) was every close to/adjoining the present acquired land. He also took note of the fact that the present acquisition was only 21/2 months later than the acquisition in the other 4 cases mentioned above, and ultimately held that the value of the barani land can be safely assessed at Rs. 30,000/ per acre as there was no evidence that during the said period of 21/2 months, there was any rise in the price. He considered the very same three sale deeds which were considered in the other 4 cases mentioned above, but held that they cannot be made the basis for determining the market value of the acquired land, since these sale deeds pertained to small extents in Khasra No. 256 situated within municipal limits. He also took note of the fact that Khasra No. 256 was at a distance of more than 1 km. from the acquired land. Ultimately, relying upon the award of Mr. M.C. Aggarwal, Additional District Judge, Ambala, he by his award dated 27.9.1985, granted compensation at the rate of Rs. 30,000/ per acre for the barani land and Rs. 25,000/ per acre for Banjar Kadim land. The Additional District Judge, Ambala (Mr. V.M. Jain) also granted certain benefits under the amended provisions of the Act to the claimants, though he disallowed the claim for severance compensation.
Aggrieved by the award of the learned Additional District (Mr. V.M. Jain) dated 27.9.1985, the claimants filed R.F.A. 466 of 1986 which was disposed of along with R.F.A. 465 by the learned single Judge by his order dated 2.6.1988.
The learned single Judge while disposing of R.F.A. 1219 of 1984 (and the connected RFAs), took note of these sale deeds dated 9.7.1982, 17.2.1982 and 20.7.1982, mentioned above, but held that though the average of the sale price of the lands concerned in these sale deeds worked out to Rs. 1,88,000/ per acre, some variation in the price cannot be ruled out for assessing the value of the large area of land. The learned Single Judge took note of the fact that while the acquired land falls outside the municipal limits of Ambala City, the evidence showed that the lands covered by the sale deed were situate in the habitation of Man Mohan Nagar Colony of Ambala town. But the learned Single Judge found that it could be inferred that the trend of growth in habitation of Ambala City was towards the Village Khurampur Majri. The learned Single Judge was of the view that inasmuch as, these sale deeds were in respect of the small plots of land and in view of the better situation of the land covered by these sale deeds 1/3rd cut each had to be imposed due to (1) the smallness of the extent and (2) the better situation of the lands covered by the three sale deeds. Since the sale deed dated 9.7.1982 pertained to 200 square yards only, he took into consideration the sale deeds dated 17.2.1982 and 20.7.1982 and after imposing the cut as mentioned above, the learned Single Judge observed that the market value of the lands will work out to Rs. 57,066/ per acre. The learned Single Judge also took note of the decision in R.F.A. 2141 of 1984 State of Haryana v. Smt. Bachan Kaur decided on 8.5.1986 pertaining to the land in Village Singhawala also located near the Ambala town and acquired under notification published on 24.6.1982 for the construction of the very same Panjokhar Minor. The learned Single Judge observed that although compensation in that case was fixed therein at Rs. 93,000/ per acre, since the sale deeds pertained to the 16 kanals and 14 kanals 12 marlas, no reduction was made as the sale deeds involved large extent of the land, but the lands covered by those sale deeds being in a better situation, 1/3rd cut has to be applied. By applying 1/3rd cut, the learned Single Judge held that the market value of the present acquired land would work out to Rs. 61,000/ per acre. The learned Single Judge also observed that the lands concerned in R.F.A. 253 of 1985 were near the outer limits of Ambala City and had potential for urban purposes. In these circumstances, the learned Single Judge decided the market value of the lands acquired in these cases before us at Rs. 61,000/ per acre, apart from directing payment of 12% per annum over and above the market price from the date of notification under Section 4 of the Act till the date of the award of the Land Acquisition Collector or the date of taking of the possession of the land, whichever is earlier, besides 30% solatium. The learned Single Judge also awarded interest at 9% per annum for the first year from the date of delivery of possession and 15% per annum for the subsequent years.
While the RFAs other than R.F.A. 1211 of 1988 have been disposed of by the common judgment of the learned Single Judge dated 2.6.1988, R.F.A. 1211 of 1988 has also been disposed of by the same learned Single Judge by another judgment of even date. For the same reasons and by taking note of the same sale deeds and applying the same principles, the learned Single Judge fixed the compensation for the acquired land at the same rate of Rs. 61,000/ per acre apart from the other benefits to be given as mentioned above.
In these circumstances, we propose to dispose of all the 5 LPAs by this common judgment.
We have heard the counsel for both the sides and perused the records.
From the narration of the facts detailed above, it is seen that the claimants relied upon 3 sale deeds for fixing the compensation. The average of the prices mentioned in these sale deeds works out to Rs. 1,88,000/ per acre. But the learned Additional District Judge as well as the learned Single Judge found that these lands related to small plots and were better situated than the acquired lands. We find that these sale deeds not only related to small plots, whereas the lands acquired in these cases pertain to large extents. We also find that the lands covered by these sale deeds are situated in a colony within Ambala town itself, whereas the lands acquired are away from Ambala town by about 1/2 kilometre. Therefore, the learned Additional District Judge as well as the learned Single Judge rightly did not take the prices mentioned in the sale deeds at face value. The learned Single Judge was perfectly justified, in these circumstances, in imposing 1/3rd cut on each of the counts i.e. on the ground that the sale deeds related to small plots, and on the ground that the sale deeds pertained to lands which were situated in a colony within the Ambala town itself. In our opinion, these are sound reasons for imposing the cut, and the extent of the cut cannot also be stated to be excessive.
The learned Single Judge has also approached this aspect of fixing the value of the acquired lands from another angle. In R.F.A. 2141 of 1984 decided on 8.5.1986, pertaining to certain lands in village Singhawala acquired under notification published on 24.6.1982 for the very same purpose of the construction of Panjokhra Minor, compensation had been given at Rs. 93,000/ per acre. But the learned Single Judge who had decided the cases in hand, found that those lands were near Ambala town and better situated than the present acquired lands and, therefore, 1/3rd cut has to be applied in view of the difference in situation, and by so doing, determined that the market value of the present acquired land would work out to Rs. 61,000/ per acre. We respectfully agree with view of the learned Single Judge and we see no reason for taking a different view and for granting higher compensation. Therefore, we find that there are no grounds for interfering with the judgment of the learned Single Judge.
Accordingly, all the appeals have to fail and are dismissed.
Appeals dismissed.