Mewa Singh and Others vs Land Acquisition Collector, PSEB, 142-C, Model Town, Patiala and Another

K. Kannan, J.—Both the appeals are connected and they are in relation to the acquisition of property for the same purpose namely for establishing 66 KV sub station through a notification issued on 13.03.1985. The Land Acquisition Collector determined the value of the property at Rs. 31,000/- per acre through the award dated 15.10.1986. On a reference for enhancement, the Additional District Judge, Sangrur has enhanced the compensation at Rs. 12,500/- per bigha by his award dated 20.02.1991. Learned counsel appearing for the appellants would state that although the property had been used as agricultural land, there had been immense potential for conversion of the property as an industrial plot. Indeed, the property itself was situate on the Malerkotla-Ludhiana road and the same vicinity had already been declared as an industrial area. The land owner was relaying on the sale deeds Ex.A4 to A15, which dealt with the smaller to bigger extent of properties at various rates in excess of about Rs. 24,000/- per bigha. Of the sale deeds, which have been filed by the appellants, I find only A-7 to A-8 pertain to extent of properties of one bigha and two bighas respectively while all other properties have been with reference to the extents in the range of 4 biswas to 10 biswas. I would discard the smaller extent of properties and would take A-7 to A-8 as providing an appropriate exemplar. Ex.A-7 is with reference to transaction on 13.05.1982 for a price of Rs. 24,000/- per bigha and Ex.A-8 dated 02.03.1982 has been with reference to transaction of 2 bighas of land again at the rate of Rs. 24,000/- per bigha. Since the sale deeds pertain to three years prior to the notification, I would assume that the value of the property should have been increased but considering the fact that they were relatively for smaller extent of properties, I would take that the value of the property acquired would be paid at the same price even making provision for appropriate deductions @ Rs. 24,000/- per bigha. The Reference Court had determined the value at Rs. 12,500/-. In my view, the appropriate and just compensation would be Rs. 24,000/- per bigha.

The award of the Reference Court would stand modified and the compensation will have to be @ Rs. 24,000/- per bigha. The land owners would also be entitled to the statutory interest and solatium. The appeals are allowed to the above extent.