Smt. Harbhajan Kaur vs Union Territory

Rajesh Bindal, J.—This order shall dispose of a bunch of 29 appeals, as the same arise out of a common acquisition.

The land owners are in appeal seeking further enhancement of compensation for the acquired land.

The facts have been extracted from R. F. A. No. 844 of 2000.

Briefly, the facts are that the land in question, situated in the revenue estate of Village Palsora, was acquired vide notification dated 10.12.1991 issued u/s 4 of the Land Acquisition Act, 1894 (for short, ''the Act'') for rehabilitation of the colony in Chandigarh, which was followed by notification u/s 6 of the Act on 24.3.1992. The Collector vide award dated 13.5.1992, assessed the market value of the acquired land at Rs. 2,38,500/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned court below. Learned Additional District Judge, Chandigarh keeping in view the material placed on record by the parties, determined the fair value of the acquired land @ Rs. 4,35,600/- per acre.

Learned Counsels for the land owners submitted that the learned court below while assessing the value of the acquired land, had relied upon awards (Ex. P26 and Ex. P28), pertaining to the land of Villages Burail and Kajheri, which is located close to the acquired land. The aforesaid awards were subject matter of appeal before this Court and against award (Ex. P28), in RFA No. 696 of 1998 Joginder Singh v. Union Territory, Chandigarh decided on 29.11.2006, this Court had further enhanced the value of the acquired land at Rs. 10,12,000/- per acre. It was further submitted that no appeal was filed by Union Territory, Chandigarh against the aforesaid award. As against award (Ex. P26), this Court in RFA No. 2340 of 1998 Surjan Singh and Ors. v. Union Territory, Chandigarh decided on 24.9.2008, assessed the value of the acquired land at Rs. 9,85,000/- per acre. The submission is that as the value of the land, the awards pertaining to which were relied upon by the learned court below, has been further enhanced by this Court, the amount of compensation payable to the land owners in the present set of appeals be also enhanced accordingly. To buttress the arguments further, it was pointed out that even the Collector had determined the same amount of compensation for the land pertaining to villages Kajheri and Burail acquired almost at the same time, meaning thereby even the Collector had found that the value of the land in that area was similar. It was further submitted that the land was strategically located, as it was sandwiched between the developed area of Chandigarh and Mohali. On one side, there are fully developed Sectors 38 to 41, whereas on the other side, it abuts Phase-VI of Mohali. Even village Palsora, to which the land belonged, was itself having all the amenities required for a comfortable living like sewerage, water, electricity, school, bank, market etc.

On the other hand, learned Counsel for Union Territory, Chandigarh submitted that the acquired land was quite close to village Maloya. Merely because for the land of adjoining village, certain amount of compensation has been assessed to be paid, the same amount of compensation cannot possibly be paid to the land owners for the land, which is forming part of revenue estate of another village, may be neighbouring. Sector 40-41, beyond which the land in question is located, was in the outskirts of Chandigarh city. They further submitted that there is no evidence on record to suggest that the area towards Mohali was already developed. The land pertaining to the award, which was sought to be relied upon, has not been pointed out on any site plan on record.

Heard learned Counsel for the parties and perused the relevant referred record.

A perusal of site plan Ex. A8 on record shows the location of land of village Palsora. As is evident from the said site plan, the land in question is situated beyond Sector 40-41. A perusal of the site plan shows that between Sector 40-41 and the other area of Mohali, Sectors 55 to 56 of Chandigarh are situated, as the boundaries of Chandigarh suggest that half of the sector is located in Chandigarh and half in Mohali. Meaning thereby that the acquired land is quite close to Sector 40-41 of Chandigarh, which was existing when the land in question was acquired. As regards the area in Mohali is concerned, it has been noticed by the learned court below in the form of statement of PW5-Satyabir, Halqa Patwari of village Palsora stating therein that the acquired land touched boundary of fully developed Phase-VI of Mohali and further that village Palsora was having all basic amenities like sewerage, electricity, water, bank, school and market. Sectors 55 and 56 fall in line from Sector 48 onwards upto Sector 56, which is called third Phase of Chandigarh. The land of village Kajheri is located just adjoining to the land of village Palsora, which is subject matter of consideration in the present case.

As far as award (Ex. P26), relied upon by the learned court below is concerned, the same pertained to the acquisition of land of village Burail vide notification dated 15.10.1991 for development as third Phase of Chandigarh. In that case, the Collector had determined the market value of the land at Rs. 2,50,080/- per acre, which was enhanced to Rs. 4,35,600/- per acre by the learned. Reference Court and further enhanced to Rs. 9,85,000/- per acre by this Court in Surjan Singh''s case (supra). Further vide award (Ex. P28) for the land pertaining to village Kajheri, which is adjoining village Palsora, acquired vide notification dated 22.5.1992, the Collector had assessed the value at Rs. 2,00,000/- per acre, which was enhanced to Rs. 4,35,600/- per acre by the learned Reference Court and further enhanced to Rs. 10,12,000/- per acre by this Court in Joginder Singh''s case (supra). The acquisition in the present case was made vide notification dated 10.12.1991 and the Collector had assessed the value at Rs. 2,38,500/- per acre. For village Kajheri, the value was assessed by the Collector at Rs. 2,00,000/- per acre which was acquired vide notification dated 22.5.1992.

From a perusal of the aforesaid facts, it is clear that even the Collector had determined the value of the land in the vicinity in the same range. The value of the land acquired vide notification dated 22.5.1992 pertaining to village Kajheri, which is adjoining village Palsora, was assessed by this Court at Rs. 10,12,000/- per acre in Joginder Singh''s case (supra). The acquisition in the present case was made 6 months prior thereto. If a reasonable cut of 6% is applied for the time gap in the two notifications, the value of the acquired land comes to Rs. 9,51,280/- per acre, which is rounded off to Rs. 9,51,300/- per acre.

Accordingly , the land owners in the present set of appeals shall be entitled to compensation for the acquired land @ Rs. 9,51,300/- per acre. They shall also be entitled to all the statutory benefits available under the Act. 11. The appeals are disposed of in the manner indicated above.