Punjab-Haryana High Court
State Of Punjab And Another vs Bhagwan Singh And Others on 4 November, 2008
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
RFA No.301 of 1991 -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.301 of 1991
Date of Decision: 4.11.2008
State of Punjab and another
..Appellants.
Vs.
Bhagwan Singh and others
..Respondents.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.N.S.Pawar, Addl.AG Punjab for the appellants.
None for the respondents/claimants.
RAKESH KUMAR JAIN, J.
This order shall dispose of RFA Nos.301 to 307 of 1991 by a common judgment as common question of law and facts are involved therein.
Land of village Urna, Tehsil Rajpura, District Patiala was notified under Section 4 of Land Acquisition Act (for short the `Act') published on 9/10.3.1987 at public expense for public purpose i.e. for the construction of Natian Distributory from RDO to 5049 meters. The Land Acquisition Collector announced its award No.219/P-SYL dated 10.9.1987 classifying the acquired land into two categories Chahi/Nehri @ Rs.60,000/- per acre and Rausli @ Rs.50,000/- per acre.
Dissatisfied with the award of the Collector, Objections under Section 18 of the Act were filed by the land-owners in which it was alleged that value of the acquired land was not less than Rs.5 lac per acre and the acquired land is situated half a kilometer from Focal Point, Gajju Khera RFA No.301 of 1991 -2 - where there are civil and veterinary Hospitals, Govt. High Schools and Co- operartive Bank. Claim of the land-owners was contested by the State and it was pleaded that the award of the Collector is just and legal and in accordance with the prevailing market rate. Claimants produced in their evidence Samey Singh, Patwari as AW1 and Inder Singh as AW2. They also produced copies of judgments dated 30.3.1980 (Ex.A2) and 23.5.1990 (Ex.A3) passed by the predecessor Court. In controversion, respondent- State produced copies of sale deeds Ex.R1 and Ex.R2. After considering the evidence on record, District Judge Patiala vide his award dated 28.9.1990 assessed the market value of the acquired Chahi land @ Rs.1 lac per acre and Rs.50,000/- per acre for Rausli.
Sh.N.S.Pawar, Addl.AG Punjab, has vehemently argued that the Reference has committed palpable error in not appreciating the evidence led by the State in the shape of sale deeds Ex.R1 and Ex.R2.
I have heard learned counsel for the appellants-State and have carefully perused the record.
Documents Ex.R1 dated 16.7.1986 and Ex.R2 dated 7.4.1986 have no significance in view of the price of land settled by judgment Ex.A2, moreover, the Collector did not rely upon the aforesaid sale deeds while fixing the price of the land while announcing the award.
In view of the above, I do not find any merit in the appeal and the same is hereby dismissed.
(Rakesh Kumar Jain) 4.11.2008 Judge Meenu