Harchal Singh vs State of Punjab

G.C. Mittal, J.

The State of Punjab acquired huge chunk of land in villages Kambali and Kambala for extension of industrial focal point Mohali (S.A.S. Nagar) which is on the outskirts of Union Territory of Chandigarh vide notification under Section 4 of the Land Acquisition Act (for short the ''Act'') dated 4.2.1981. In village Mataur and Sohana the State Government vide notification under Section 4 of the Act dated 20.11.1980 acquired another chunk of huge area for residentialcumcommercial urban estate Mohali. The Land Acquisition Collector for the acquisition of the first two aforesaid villages namely Kambali and Kambala gave his award dated 22.12.1983 fixing compensation at different rates according to the agricultural quality vary from Rs. 85,000/ per acre to Rs. 7,500/ per acre and for the remaning two villages namely Mataur and Sohana gave award on 12.7.1984 at rates varying from Rs. 34,000/ per acre to Rs. 10,000/ per acre.

The claimants sought references under Section 18 of the Act against the awards and the District Court awarded compensation for the first two villages for Gair Mumkin and Banjar Qadim at Rs. 25,000/ per acre and for other qualities of land @ 85,000/ per acre and regarding other two village for Banjar, Rasta and Chhapar fixed at Rs. 25,000/ per acre and for other qualities at the rate of Rs. 80,000/ per acre. The claimants were not satisfied and filed appeals in this Court. Some of the appeals came up for hearing before two learned Single Judges of this Court. For village Kambala, I.S. Tiwana, J. fixed compensation for the entire acquired land at a flat rate of Rs. 85,000/ per acre. Some appeals of village Kambala came up for hearing before N.C. Jain, J. and he allowed compensation for Gair Mumkin and Banjar Qadim land @ Rs. 1,16,700/ per acre and for the remaining land allowed compensation at the rate of Rs. 1,75,700/ per acre. Both the learned Judges had allowed additional amount of 12% solatium at the rate of 30% and interest at the rate of 9 and 15% according to the amended provisions of the Act.

Some appeals of village Mataure came up for hearing before N.C. Jain, J. who allowed compensation of the acquired land at a flat rate of Rs. 90,000/ per acre. The appeal of village Kambali also came up before N.C. Jain, J. who enhanced compensation for the entire acquired land at a flat rate of Rs. 1,75,000/ per acre. The claimants were also allowed the benefit of provisions of Section 23(1A), Section 23(2) and Section 28 of the Act.

When some first appeals relating to villages Kambala, Mataur and Sohana came up for hearing before a learned Single Judge, it was pointed out that against the earlier decided cases by the two learned Single Judges Letters Patent Appeals have been admitted for further enhancement. These appeals were ordered to be heard with the Letters Patent Appeal. That is how the Letters Patent Appeals and Regular First Appeals relating to the four village have been placed before us for final disposal.

The State Government has not filed any appeal against the judgment of the learned Single Judge fixing compensation for land acquired in village Kambali at the rate of Rs. 1,75,000/ per acre. Hence that price remains unchallenged. This shows that the State Government has accepted the compensation fixed by N.C. Jain, J. and therefore the dispute in the remaining cases where lesser compensation has been awarded has been narrowed down.

First adverting to the claim of the landowners for further enhancement over and above Rs. 1,75,000/ per acre, we find no justifiable ground on the basis of the material on record for giving further enhancement is made out and the amount awarded by the learned Single Judge at the rate of Rs. 1,75,000/ per acre even remotely cannot be said to be low. Accordingly, we hold that there is no further scope for enhancement beyond Rs. 1,75,000/ per acre.

The four villages are in the near vicinity of each other and are part of S.A.S. Nagar/Mohali and this town is adjoining Union Territory of Chandigarh on one side and, therefore, has acquired potential for urbanisation. In Mohali itself lot of construction had come up before the acquisitions in dispute and therefore contiguous villages on this ground had also gained potential for urbanisation. Once urbanisation has come up and the acquired land has gained potential for that purpose it will be wholly wrong to classify the land on the basis of agricultural quality. Therefore, we are of the view that the entire land including those which are Gair Mumkin and Banjar Qadim cannot be kept in a separate category for fixing price. However, if it is found that the land is in depression because of Chhappar (Pond) or because of Khatan, lesser price may have to be fixed.

Before this Court, cases relating to acquisition of numerous villages in the Union Territory, Chandigarh for extension of Sectors came up for consideration in Letters Patent Appeal No. 1207 of 1981 Jaswant Singh v. Union of India decided on 22.9.1982 wherein it was urged that there was hardly any scope for giving different/varied market price of land in different villages on the basis of its potentiality, it was held that it was appropriate to fix uniform rate for the land acquired in all the villages. The facts in these cases are similar and for the reasons recorded in Jaswant Singh''s case (supra) we are of the view that the land acquired in all the four village deserves to be allowed market rate at the uniform rate of Rs. 1,75,000/ per acre. We order accordingly.

For some land situated in village Kambala the learned Single Judge has allowed compensation at the rate of Rs. 1,16,700/ per acre on the ground that it was Gair Mumkin and Banjar Qadim. It is true that the Collector had made these two categories but once we have come to the conclusion that the acquired land had potential for urbanisation, the fixing of market price on the basis of agricultural quality loses its significance. Accordingly for Gair Mumkin and Banjar Qadim land situated in village Kambala we fix compensation at the rate of Rs. 1,75,000/ per acre and modify the judgment of the learned Single Judge accordingly.

In view of the above, for all qualities of land other than land in Chhapar (Pond) or in Khatan (in depression) in villages Kambala, Mataur and Sohana we fix compensation at the rate of Rs. 1,75,000/ per acre and the award of the District Judge or the judgment of the learned Single Judge, as the case may be, stands modified accordingly.

Since in village Kambali, the learned Single Judge has allowed the market price at the rate of Rs. 1,75,000/ per acre the judgment of the learned Single Judge is maintained.

This bring us to the consideration of the matter whether some land is in depression in villages Mataur and Sohana. There is no evidence led by the State in this benefit. Accordingly, it is held that in villages Mataur and Sohana there is not land in depression. Hence the claimants would be entitled to compensation at the rate of Rs. 1,75,000/ per acre for the entire acquired land in these villages.

On the enhanced price fixed by us, the claimants would be entitled to the benefit of the provisions of Section 23(1A), 23(2) and 28 of the Act to claim additional amount of 12% solatium at the rate of 30% and interest at the rate of 9% and 15%.

It was pointed out during the course of hearing that in some appeals the claimants have not paid full Courtfee on the rates allowed by us. Such claimants are allowed three months, time from today to make good the Courtfee. In some appeals miscellaneous applications have been made to made good the deficiency of Courtfees to claim compensation at the rate of Rs. 1,75,000/ per acre and additional court fees has also been affixed. All these applications are allowed.

For the reason recorded above, while appeal relating to village Kambali i.e. L.P.A. No. 679 of 1989 is dismissed with no order as to costs and other appeals i.e. L.P.A. Nos. 1781, 1782, 1786A, 1929, 1744, 1745, 1746, 1747, 1778, 1779, 1780, 1796, 1638, 1639, 1795, 1774, 1777, 2105, 1776, 2188, 2189, 1640, 1641, 1912, 1757, 1758, 1759, 1727, 1769, 1669, 1788, 1789, 1725, 1727A, 1668, 2040, 2041, 176, 335, 2273, 2274, 1667, 1904, 2052, 2033, 1797, 1789, 1799, 1800, 1801, 1802, 1944, 1945 of 1989; 422, 606, 768, 770, 771, 772 and 739 of 1990 and R.F.A. Nos. 359, 255 of 1989, 137 of 1990, 157 and 3064 of 1989, 2739 and 2364 of 1986 are allowed with costs.

Two R.F.As. i.e. R.F.A. 282 and 859 of 1989 filed by the State of Punjab are also dismissed with no order as to costs.