The Punjab State and others vs Sh. Raghubir Singh

Jai Singh Sekhon, J.—This order will dispose of R.F.A. Nos. 1662 to 1664 of 1985 filed by the State of Punjab, against the award of the learned District Judge, Gurdaspur, as well as Cross Objections Nos. 15-CI/1986, 16-CI/1986 and 17-CI/1986 filed by the landowners, as these rest upon the same evidence.

In breif, the facts are that land measuring 12.93 acres, located in the revenue estate of village Jugial, was sought to be acquired by the State Government, for public purpose, i.e. for setting up of sewerage water tank to Shahpur Kandi Township, vide notification published on 14th April, 1981, u/s 4 of the Land Acquisition Act, 1894 (hereinafter called the Act) The Land Acquisition Collector awarded compensation of the acquired land at the rate of Rs. 6,000/- per acre. On references u/s 18 of the Act by different landowners, the learned District Judge, Gurdaspur, enhanced the compensation of the acquired land to Rs. 30,000/- per acre, on the basis of an earlier judgment of this Court, Exhibit R.9, relating to the acquisition of the land adjoining the land in dispute in the year 1978.

I have heard the learned Counsel for the parties, besides perusing the record. The learned District Judge had rightly discarded the sale-transactions, Exhibits P3 to P9, as these related to small pieces of land The perusal of the judgment. Exhibit A2 of the learned Additional District Judge, Gurdaspur, reveals that the compensation of the land acquired earlier for laying down of Railway Track for Thein Dam Project acquired vide notification u/s 4 of the Act published on 2nd August, 1978 was assessed at the rate of Rs. 80,000/- per acre This land adjoins the acquired land in the present case, while the High Court in R.F.A. No. 796 of 1981 Onkar Nath Mahajan v. The Union of India R.F.A. No. 796 of 1981, decided on 13th July, 1983, a copy whereof is Exhibited as R.9, reduced the compensation of the acquired land forming part of Rectangle No. 42 to Rs. 40,000/- per acre, as that land was located near the Staff Colony and metalled road, while the compensation of the remaining land was reduced to Rs. 20,000/- per acre. The learned District Judge had awarded compensation of the acquired land at Rs. (Sic)0,000/- peracre by taking into consideration the price hike of the immoveable property during the span of three years.

Judicial notice can be taken of the fact that the prices of immoveable property went up by leaps and bounds from the year 1978 till the year 1981 and this phenomenon is still continuing. In Puran Singh v. State of Haryana (1986-1) P.L.R. 453, a Single Bench of this Court taking the view that in the urban areas, Re. 1/- per square yard per year in price hike should be taken into consideration. That case related to the acquisition of the land of the revenue estate of village Atmadpur for the development of Faridabad Township. The relevant notification u/s 4 of the Act in that case was issued on 4th November, 1977, while the earlier awards pertain to the acquisition of 1st October, 1973. No doubt, the spurt in the prices of agricultural land is not that extent as in the case of immovable property located near the fast developing industrial towns, like Faridabad, but all the same the prices of the acquired land since 2nd August, 1978 and 8th April, 1981 must have been appreciated to the extent of 75%, especially when the location of the acquired land had considerably improved particularly along the Railway track near to it, as a result of the earlier acquisition of land contiguous to the land in dispute. The factum that Shahpur Kandi Township had extended to a greater extent due to the setting up of Thein Dam near to it and that the acquired land is located at a distance of about 2 Kilometers from that township further support the above referred conclusion.

For the foregoing reasons, there being no merit in the appeals filed by the State, the same are dismissed, but the compensation of the acquired land is enhanced to Rs. 35,000/- per acre by accepting the cross-objections filed by the landowners. The landowners shall make good the deficiency in the court-fee within a period of two months of this order in view of the judgment of the Supreme Court in Bhag Singh and Others Vs. Union Territory of Chandigarh through the land acquisition collector, Chandigarh, . The landowners shall also be entitled to all the benefits under the amended provisions of the Act. There is, however, no order as to cost.