Research › Search › Judgment

Punjab High Court · body

2004 DIGILAW 35 (PNJ)

State of Punjab v. Baij Nath

2004-01-12

ASHUTOSH MOHUNTA

body2004
JUDGMENT Ashutosh Mohunta, J. - This judgment shall dispose of R.F.A. Nos. 2718 to 2724 of 1989 filed by the State of Punjab as well as the Cross Objection Nos. 135- CI to 141-CI of 1995 filed by the claimants as these arise out of the common judgment passed in all these cases passed by the District Judge, Jalandhar, dated April 29, 1989. 2. Briefly, the facts, which are common in all these cases are that vide notification dated 27.11.1981 under Section 4 of the Land Acquisition Act (for short the Act) the State of Punjab intended to acquire land in the revenue estate of village Apra, Tehsil Phillaur, District Jalandhar, for a public purpose, i.e., widening of the road. The Land Acquisition Collector, Jalandhar (for short the Collector) vide his award dated 15.3.1985 awarded compensation to the landowners in the following manner :- (i) Chahi Land Rs. 46,176/- per acre. (ii) Barani Land Rs. 23,088/- per acre. (iii) Gair Mumkin Land Rs. 11,544/- per acre. Dissatisfied with the award of the Collector, the landowners filed applications under Section 18 of the Act for referring the matter to the District Judge. They claimed compensation at the rate of Rs. 4,000/- per Marla. The District Judge, Jalandhar, vide his judgment dated 29.4.1989 allowed the applications and assessed the compensation of the acquired land at the rate of Rs. 4,000/- per Marla. Statutory benefits under the Act were also awarded to the claimants. It is against this judgment that the State of Punjab has filed the present appeals. Cross-Objections have also been preferred by the claimants. 3. During the pendency of the present appeals, the landowners had also filed applications for amendment, wherein it was prayed that the landowners were entitled to compensation at the rate of Rs. 7,000/- per Marla. The said applications have been dismissed vide orders dated 17.7.2002. Accordingly, the claimants are not entitled to claim enhanced compensation of Rs. 7,000/- per Marla. In view of the dismissal of the applications under Order 6, Rule 7. Code of Civil Procedure, all the cross-objections filed by the claimants are dismissed. 4. Now we are left with only the appeals filed by the State of Punjab, wherein it has been prayed that the compensation, as awarded by the Collector, be upheld. 5. 7,000/- per Marla. In view of the dismissal of the applications under Order 6, Rule 7. Code of Civil Procedure, all the cross-objections filed by the claimants are dismissed. 4. Now we are left with only the appeals filed by the State of Punjab, wherein it has been prayed that the compensation, as awarded by the Collector, be upheld. 5. In order to determine the market value of the acquired land, the claimants produced on record five sale deeds, the details of which are as follows :- Sale deed Area Sale Price Rate per Marla 1. Ex. A3 2M-1-1/2 Sarsahi Rs. 17,175.00 Rs. 7.927.00 2. Ex. A4 1M-3-3/2 Sarsahi Rs. 11,146.39 Rs. 8,359.00 3. Ex. A5 0M-6-1/4 Sarsahi Rs. 5,911.41 Rs. 7,880.00 4. Ex. A6 0M-6 Sarsahi Rs. 8,000.00 Rs. 12,000.00 5. Ex. A7 12 Marlas Sarsahi Rs. 27,000.00 Rs. 2,250.00 6. Mr. D.S. Kamra, Addl. A.G. Punjab, has argued that no cogent reason has been given by the District Judge, Jalandhar, while enhancing the market value of the land of Rs. 4,000/- per Marla. 7. A perusal of the impugned judgment undoubtedly shows that no reasoning has been given by the District Judge while awarding compensation to the landowners at the rate of Rs. 4,000/- per Marla. Therefore, I would have to determine the market value of the acquired land on the basis of the sale deeds as well as other evidence produced on record by both the parties. A perusal of the sale deeds Exhibits A3 to A7 shows that the average rate per Marla comes approximately to Rs. 7,000/- per Marla. All these sale deeds relate to the period prior to the acquisition of the land in the present case. Thus, all these sale deeds are relevant for the purpose of determining the market value of the acquired land. Even if 40 per cent cut is applied on the afore- mentioned average rate of Rs. 7,000/- per Marla, still the compensation would come to Rs. 4,000/- per Marla. Thus, on the basis of the evidence adduced on record, the average price of the land would definitely be Rs. 4,000/- per Marla, if not more. Even if 40 per cent cut is applied on the afore- mentioned average rate of Rs. 7,000/- per Marla, still the compensation would come to Rs. 4,000/- per Marla. Thus, on the basis of the evidence adduced on record, the average price of the land would definitely be Rs. 4,000/- per Marla, if not more. However, as far as the evidence led by the State is concerned, a perusal of the judgment passed by the District Judge shows that the sale deeds relate to the agricultural land and also the land is situated far away from the acquired land and thus, the same is not at all relevant for determining the market value of the acquired land in the present case. 8. Apart from the above, it has come in evidence that one of the bazars of village Apra abuts on the road leading from Grant Market Phillaur to Apra. There are godowns, shops. Food & Civil Supplies Office and a Workshop which abut on that road. It is, therefore, clear that the land acquired is fit for developing into major commercial area. According to Amarjit Singh (A.W. 2), the village abadi and the Grain Market were only at a distance of 100 ft. from the acquired land and, thus, the acquired land had a lot of commercial potential. Even Tirath Ram Patwari (A.W. 3) stated that the acquired land was only about 2 Killas away from the village abadi and 4 Killas away from the Grain Market. He further stated that shops were situated on both sides of the road at the spot where the land had been acquired and the width of the shops was between 9 ft. to 12 ft. A perusal of the afore-mentioned statements makes it clear that the acquired land had a lot of potential and some shops were already in existence adjacent to the acquired land on both sides of the road. Therefore, while relying on the afore-mentioned oral testimonies of various witnesses as well as the sale deeds (Exhibits A3 to A7), I am of the considered opinion that the District Judge, Jalandhar, vide his impugned judgment has rightly determined the market value of the acquired land to be Rs. 4,000/- per Marla. 9. In view of the above, I find no merit in the present appeal and the same are dismissed. The cross-objections filed by the claimants also stand dismissed. 4,000/- per Marla. 9. In view of the above, I find no merit in the present appeal and the same are dismissed. The cross-objections filed by the claimants also stand dismissed. There shall be no order as to costs. Appeal dismissed.