Punjab-Haryana High Court
Biru Alias Bir Singh vs State Of Haryana And Others on 27 January, 2014
Author: Sabina
Bench: Sabina
RFA No. 1995 of 1997 and other connected cases -1-
In the High Court of Punjab and Haryana at Chandigarh
Regular First Appeal No. 1995 of 1997
Date of Decision: 27.1.2014.
Biru alias Bir Singh .......Appellant
Versus
State of Haryana and others .......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Kulwant Singh, Advocate
for the appellant(s).
Mr. D.D.Gupta, Addl. A.G., Haryana.
Mr. Anand Chhibbar, Senior Advocate with
Mr. Lalit Thakur, Advocate
for the private respondents.
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SABINA, J.
Vide this judgment, RFA Nos. 1995, 2184, 2185, 2186, 2187, 2188, 2189, 2190 and 2208 of 1997 would be disposed of as these have arisen out of the award dated 3.4.1997.
16.66 acres of land was sought to be acquired in village Dadlana for construction of road from National Highway No. 1 K.M. 99.08 to Refinery vide notification under Section 4 of the Land Acquisition Act, 1894 ('Act' for short) dated 13.5.1993 as published in the newspaper on 25.5.1993. Declaration under Section 6 of the Act dated 20.9.1993 was published on 28.9.1993. The Land Acquisition Collector vide its award dated 8.3.1994 assessed the market value of the chahi land and gair mumkin land at the rate of ` 1,50,000/- per acre and for barani kadim thur land, at the rate of ` 50,000/- per acre.
Feeling dissatisfied with the award of the Land Singh Gurpreet 2014.02.03 16:41 I attest to the accuracy and integrity of this document chandigarh RFA No. 1995 of 1997 and other connected cases -2- Acquisition Collector, the land owners sought references under Section 18 of the Act.
On the pleadings of the parties, issues were framed by the Additional District Judge.
Land owners based reliance on two sale deeds Ex. P1 and Ex.P2, also exhibited on record as Ex. P6 and Ex.P7. The learned Additional District Judge, while discarding the said sale deeds, has observed as under:-
"Now coming to the documents placed on record. Ex. P1 is the copy of sale deed dated 30.4.1992 by virtue of which 20 kanals 12 marlas of land situated in the revenue estate of village Ali Asgarpur was sold for Rs. 6,44,000/-. No copy of the Aks Sajra showing the distance of that land from the acquired land has been placed on record. No patwari has been examined to prove the distance of that land from the acquired land. Just possible that land may be situated on metalled road having residential or commercial potentiality. Ex.P2 is the copy of sale deed dated 5.2.1993 by virtue of which 2 kanals of land situated in village Badoli was sold for Rs. 1,50,000/-. When we go through the contents of that sale deed and copy of aks Sajra Ex. P4 produced by the petitioners, it is quite clear that that land is situated by the side of metalled road called as Khotpura Road. Coming back again to the land forming subject matter of Ex. P1, copy of Aks Sajra Ex. P3 shows that that land is situated just touching the G.T.Road and many many times more value than the land which has been acquired in this Singh Gurpreet 2014.02.03 16:41 I attest to the accuracy and integrity of this document chandigarh RFA No. 1995 of 1997 and other connected cases -3- case. It has come in evidence that G.T.Road is 6.5 KM from this acquired land."
Learned Additional District Judge while discarding the sale deeds relied upon by the land owners, rightly held that the said sale deeds did not relate to the village in question. Sale deed dated 30.4.1992 Ex. P-1 was with regard to village Ali Asgarpur whereby 20 kanals 12 marlas of land was sold for ` 6,44,000/-. The said land abutted G.T.Road. So far as sale deed dated 5.2.1993 Ex.P-2 is concerned, the same relates to village Badoli and as per the same, two kanals of land was sold for ` 1,50,000/-. The said land is also situated quite near to the metalled road as is evident from Aks Sajra Ex. P4. A perusal of the site plan Ex. R-1 reveals that the acquired land is not abutting the G.T.Road. In these circumstances, the sale instances placed on record Ex. P-1 and Ex.P-2 fail to advance the case of the land owners. Hence, in the present case, the learned Additional District Judge rightly dismissed the references sought by the land owners.
No ground for interference is made out. Consequently, all the appeals are dismissed.
(SABINA) JUDGE January 27, 2014 Gurpreet Singh Gurpreet 2014.02.03 16:41 I attest to the accuracy and integrity of this document chandigarh