Sukhvinder Singh son of Kastur Singh v. Land Acquisition Officer, Model Town, Karnal
2013-02-04
K.KANNAN
body2013
DigiLaw.ai
JUDGMENT Mr. K. Kannan J.: - All the three appeals relate to assessment of compensation for acquisition of property. The Reference Court has assessed the compensation at Rs.60,000/- per acre of the acquired land. The relevant details for redetermination shall be as follows:- Details of Award for compensation ----------- Date of notification u/s 4 24/09/1981 Village Assandh, Karnal Total extent acquired 11 Kanals Purpose of acquisition Construction of Link Drain Collector’s award Chahi & Barani-Rs.12,000/- per acre Nehri-Rs.15,000/- Gair mumkin-Rs.5,000/- per acre Reference Court Held to be non-agricultural land and awarded Rs.60,000/- per acre. ----------- Sale Instances* ----------- Sr. No. Date Extent Consideration Value per Located in acre/sq.yd/sq.ft rough sketch /sq.mtr Yes/No ----------- By claimants. ----------- 1. 7/09/1983 220 sq. ft Rs.5,000/- 1,08,900/- 2. 12/1/1982 8 ½ marlas Rs.10,000/- 1,88,235/- By State -nil- ----------- Previous award ----------- Award of District Village Notification u/s 4 Award of compensation Court or High Court per acre Ex.P4 RFA No.35 of 1985 Assandh 06/03/1981 Rs.1,20,000/- per acre Ex.R/1 LAC Assandh 24/09/1981 Rs.15,000/- per acre No.116/4 of 1986 ----------- 2. The documents filed by the claimants referred to sales of properties of extent of 220 sq. ft. and 8 ½ marlas. The land acquired is agricultural and it was for construction of link drain. The total extent itself was a small piece of land of 11 kanals. The document filed by the State in Ex.P3 would bring the identification of the property with reference to the property acquired and made the subject of awards under Ex.P4 and Ex.R-1. In Ex.P4, the acquisition of property was for establishing a warehouse. They related to notification about the same time when the property was acquired where the assessment of property was Rs.1,20,000/- per acre. I cannot apply this value for the only reason that it was in a relatively far away place as seen through the Akshajra and it was for a property that was treated as non-commercial. In this case also if we must make an assessment, the only benefit that is possible to be given is that the Akshajra itself reveals the location of the property acquired to be adjoining abadi and therefore, there was a prospect of exploitation of the property for non-agricultural use as well.
In this case also if we must make an assessment, the only benefit that is possible to be given is that the Akshajra itself reveals the location of the property acquired to be adjoining abadi and therefore, there was a prospect of exploitation of the property for non-agricultural use as well. Since it is adjoining a veterinary hospital, I will assume that the property, which has a potential of use for non-agricultural purpose, it could be provided for compensation making a due deduction of about 20% by the present use of the property as agricultural land with the prospect of increase in future. The sale instances are subsequent to the date of notification and may not be much assistance when we have document relating to determination of compensation through awards relating to property acquired which is about the same time when the instant notification was made. The higher amongst the value under Ex.P4 could be taken but still I would allow for a deduction of 20% having regard to the fact that the administration of the property was for establishing a warehouse, which was shown in the Akshajra to be far away from the property acquired but however, the document is relevant to the extent of noticing that a non-agricultural property in the same village was acquired at Rs.1,20,000/-. I cannot quite find as to how the property, which was acquired and which was made for subject of adjudication in RFA No.35 of 1985 under Ex.P4 could itself lend appropriately as an exemplar for valuation for the acquisition through the instant notification but I would believe that the value cannot be anything more than what was provided under this document. If I would apply a 20% reduction on this, the value will be Rs.96,000/- per acre. This determination also approximates to the value of the property for the sale instances brought by the petitioner for the subsequent years in 1982-1983 setting out the prices in the range of Rs.1,08,900/- and Rs.1,88,235/- 3. I would, therefore, assess the valuation at Rs.96,000/- per acre with all statutory benefits. The awards stand modified and the appeals are allowed to the above extent.