Baba Dudha Hari Giri Gaushala, Uchana, Tehsil Narwana v. State of Haryana
2003-10-08
ASHUTOSH MOHUNTA
body2003
DigiLaw.ai
JUDGMENT Ashutosh Mohunta, J. - The challenge in this appeal is to the judgment and decree dated 16.9.1988 passed by the Additional District Judge, Jind, whereby compensation at the rate of Rs. 50,000/- per acre has been awarded to the claimants along with statutory benefits under the Land Acquisition Act, 1894 (for short the Act). 2. Briefly, the facts of the case are that the land belonging to the appellant Baba Dudha Dhari Hari Giri Gaushala, situated within the revenue estate of Uchana was acquired vide notification dated 27.2.1984 for the construction of Police Station, Uchana. The Land Acquisition Collector, Narwana (for short the Collector) vide award dated 18.6.1985 awarded compensation at the rate of Rs. 38,500/- per acre. Feeling aggrieved against the award of the Collector, the landowners filed applications for making references to the District Judge, Jind, under Section 18 of the Act. The matter was referred to the Additional District Judge, Jind, wherein the landowners claimed compensation at the rate of Rs. 50/- per square yard. The Additional District Judge, Jind, awarded compensation at the rate of Rs. 50,000/- per acre along with statutory benefits of solatium and interest under the Act, vide judgment dated 16.9.1988. It is against this judgment that the present appeal has been filed.. 3. The landowners have claimed compensation at the rate of Rs. 1,00,000/- per acre. In order to substantiate their claim, the landowners have averred that the land was near the Abadi of the village and was approximately 2 acres away from the metalled road. P.W.2 Ishwar Singh, Mukhtiar of the claimants, has stated that near the acquired land there was an enclosure for the construction of a hospital for women. He also stated that there is a tractor agency near the acquired land and that the Uchana Bus stand was also not very far. The averments of the witnesses were controverted by the witnesses who appeared on behalf of the State. A.S.I. Chander Singh stated that the enclosure near the acquired land was for protection of crops and not for construction of any hospital or Ayurvedic College for Girls. This witness has further stated that the tractor agency was for away from the acquired land and was closed for the last six years. Even the Uchana Bus Stand and the Petrol Pump, as stated by the appellants, were at a considerable distance.
This witness has further stated that the tractor agency was for away from the acquired land and was closed for the last six years. Even the Uchana Bus Stand and the Petrol Pump, as stated by the appellants, were at a considerable distance. Thus, according to the counsel appearing on behalf of the State of Haryana, the acquired land did not have much potential. 4. The claimants have also relied upon various documents in the form of sale deeds in order to claims the compensation at the rate of Rs. 1,00,000/- per acre. The appellants have relied upon a copy of the sale deed (Ex.P3) dated 21.5.1981 by which 17 Marlas of land comprised in Khasra No. 103/2 was old for Rs. 30,000/-, which gave the average price of Rs. 2,88,000/- per acre. What is noteworthy is that this sale relates to a very small piece of and, thus, it cannot be relied upon to determine the market value of the land acquired land. Exhibit P4 is a copy of the sale deed dated 10.8.1981 by which 4 Kanals of land comprised in Khasra No. 103/12 and is was sold for Rs. 49,500/-, thus, giving an average of Rs. 99,000/- per acre. The land sold vide this sale deed adjoins the metalled road and is nearer to the Bus Stand. Uchana, Besides this, Exhibits P5, P6 and P7 are also copies of sale deed dated 5.5.1981, 10.8.1981 and 6.10.1981, respectively, whereby the land adjoining the metalled road and towards Narwana side was sold at the rate of Rs. 99,000/- per acre. All these sale deeds are relevant for determining the compensation. On the other hand, the respondents have produced copies of sale deeds Exhibits R1 to R5 dated 6.12.1983, 5.9.1983, 19.12.1983, 17.4.1983 and 20.5.1985, respectively. A perusal of Exhibits R1 and R4 shows that the average price of the land was Rs. 55,000/- per acre. Vide Exhibit R5 the land measuring 1 Kanal gives an average price of Rs. 40,000/- per acre. So far as Exhibits R2 and R3 are concerned, the same are below the rate awarded by the Collector and, therefore, the same are not relevant. Thus, there are only 7 sale deeds, i.e., Exhibits P4 to P7 and R1, R4 and R5, which will have to be taken into consideration for determining the market value of the acquired land.
So far as Exhibits R2 and R3 are concerned, the same are below the rate awarded by the Collector and, therefore, the same are not relevant. Thus, there are only 7 sale deeds, i.e., Exhibits P4 to P7 and R1, R4 and R5, which will have to be taken into consideration for determining the market value of the acquired land. A perusal of Exhibit P4 to P7 shows that the land was sold for Rs. 99,000/- per acre. That land was adjoining the metalled road and towards Narwana side and, thus, slightly far away from the and acquired in the present case. Moreover, afore- mentioned sale deeds relate to village Pahlwan and was nearer to the Bus Stand. Therefore, a cut would have to be imposed while determining the market value on the basis of the sale deeds produced by the claimants. I am of the considered view that a cut of 20 per cent on the average price of the sale deeds produced by the claimants would be just and fair for determining the market value of the land which is the subject-matter of this appeal. Before imposing the cut of 20 per cent, I round off the average price of the land sold vide sale deeds Exhibits P4 to P7 from Rs. 99,000/- to Rs. 1,00,000/-. Thus, after imposing the cut of 20 per cent, the market value of the land in the present case comes to Rs. 80,000/- per acre, on the basis of the sale deeds produced by the claimants. 5. Now coming to the sale deeds produced by the State, it has earlier been observed that Exhibits R1, R4 and R5 were the relevant sale deeds which had to be taken into consideration. A perusal of these sale instances would show that vide Exhibits R1 and R4 the land was sold at the rate of Rs. 55,000/- per acre, whereas vide Exhibit R5 the land was sold at the rate of Rs. 40,000/- per acre. If we add up the three sale instances, then the price would come to the Rs. 1,50,000/-. In order to take the average price, we have to divide the sum of Rs. 1,50,000/- by 3. After dividing the amount of Rs. 1,50,000/- by 3, the average sale price would come to Rs. 50,000/- per acre. 6.
40,000/- per acre. If we add up the three sale instances, then the price would come to the Rs. 1,50,000/-. In order to take the average price, we have to divide the sum of Rs. 1,50,000/- by 3. After dividing the amount of Rs. 1,50,000/- by 3, the average sale price would come to Rs. 50,000/- per acre. 6. Thus, the net result is that as per the relevant sale deeds produced by the claimants, the average sale price comes to Rs. 80,000/- per acre. On the other hand, as per the relevant sale deed produced by the State, the average price per acre comes to Rs. 50,000/-. In order to strike a balance, the sale prices mentioned above shall have to be added up and then have to be divided by 2. Resultantly, we add Rs. 80,000/- (average sale price per acre of the sale deeds produced by the claimants) and Rs. 50,000/- (average sale price per acre arrived at on the basis of the sale deeds produced by the State), which comes to Rs. 1,30,000/-. Then by dividing the sum of Rs. 1,30,000/- by 2, the average sale price per acre of the acquired land in the present case would come to Rs. 65,000/-. Consequently, I determine the market value of the land in the present case at Rs. 65,000/- per acre. It is, thus, ordered that compensation to the claimants be granted at the said rate. The claimants shall also be entitled to the statutory benefits as have been granted by the Reference Court. This appeal is according, partly allowed. Appeal partly allowed.