Punjab-Haryana High Court
Ram Rattan And Others vs State Of Punjab And Others on 2 August, 2014
1
RFA No.1464 of 1993
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.1464 of 1993
Date of decision : August 2nd ,2014
Ram Rattan and others
....Appellants
Versus
State of Punjab and others
....Respondents
CORAM : HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN
PARSOON
Argued by :- Mr. Harit Sharma, Advocate
for the appellants.
Ms. Manisha Gandhi, Addl. A.G., Punjab.
Dr. Bharat Bhushan Parsoon, J.
10 Bighas 13 Biswas of land of the owners located in village Gandhian, Tehsil Rajpura, District Patiala had been acquired for construction of SYL Canal. Compensation was claimed for the acquired land as also for waste of their unacquired land because of its severance as it had become inaccessible and could be approached only after traversing a distance of 4 kms. after crossing the bridge. The Collector in addition to the compensation on account of acquisition of land had also given compensation @ Rs.25% on account of severance of the land.
RAKESH KUMAR 2014.08.08 12:12 I attest to the accuracy and integrity of this document 2 RFA No.1464 of 19932. Some facts relevant for adjudication of this appeal are given hereunder in tabular form:-
i. Date of Acquisition under 25.02.1983
Section 4 of the Act
ii. Purpose of Acquisition of land Construction of SYL Canal.
iii. Quantum of land acquired 10 Bighas 13 Biswas
iv. Date of Award of the Land 08.01.1987
Acquisition Collector
v. Date of Award of the Reference 10.12.1992
Court
3. In this appeal, it is claimed that compensation of severance of unacquired land should have been allowed @ 50% of the market value of the land. It is further alleged that because of digging operations by SYL Canal authorities, muddy water was entering the crops in rest of the unacquired land and in rainy season such flow of muddy water was destroying the crops. Seeking enhancement from 25% of the total value of the land measuring 19 bighas 19 biswas @ Rs.15,000/- per bigha, the appellants claim 50% of the value of the land as compensation for severance of land.
4. Contesting claim of the appellants, the respondents interalia claimed that compensation over & above market value of the land, to the extent of 25% of the total value of the land acquired for severance of unacquired land was already excessive and no further enhancement should be granted.
5. Hearing has been provided.
6. Total land of the land owners acquired vide this acquisition is 10 kanals 13 marlas. Halka Patwari, Hukam Chand, AW1 with the help of Ax- Sajra (Ex.A1) had clearly depicted the acquired as also the remaining land of RAKESH KUMAR 2014.08.08 12:12 I attest to the accuracy and integrity of this document 3 RFA No.1464 of 1993 the land owners. He has explained that acquired land falls in two parts. One part of acquired land is on one side of the Canal which measures 1bigha 12 biswas and unacquired land of land owners of this part is 17 bighas 3 biswas. This is towards the village side. On the other side of the canal, acquired land was measuring 9 bighas 1 biswa. Unacquired land of the land owners on this side is 19 bighas 19 biswas. It is thus, clarified that due to acquisition of land measuring 10 bighas 13 biswas, unacquired land of the owners has stripped apart in two portions entitling them to compensation for severance of their land.
7. When testimony of Patwari Hukam Chand AW1 as also of Kanungo Jagat Singh RW1 is studied in the interface of documentary evidence in the nature of the jamabandi (Ex.P2) and Ax-Sajra (Ex.A1) there is conformity about the fact of severance of land of the appellants depicting that acquisition of their land measuring 10 bighas 13 biswas has resulted in fragmentation of their remaining land on establishment of SYL Canal and has made it difficult for them to access the said unacquired land is no more under question.
8. No doubt, Award dated 08.01.1987 of the Collector as was considered by the reference Court in this case, had also been considered by another reference Court (Ex.P4) whereby severance compensation @ 50% of the market value of the land had been allowed on account of severance and loss of accessibility to the land, but in the impugned Award reference had been made to a decision (Ex.R3) rendered by this Court in RFA No.98 of 1986 on 26.03.1987, wherein the land owners had been allowed severance charges only to the extent of 10% of the market value.
9. The reference Court on comparative analysis had come to a finding that facts of the case in hand were different and thus instead of granting severance compensation @ 10% of the market value as was done by the adjudication (Ex.R3) by this Court, had allowed severance compensation RAKESH KUMAR 2014.08.08 12:12 I attest to the accuracy and integrity of this document 4 RFA No.1464 of 1993 to the extent of 25% of the market value. However, reference Court had ignored the aspect that the acquired land had fallen in two parts. Acquisition of 1 bigha 12 biswas of land had rendered remaining 17 bigha 3 biswas of land unconnected. Similarly, acquisition of 9 bigha 1 biswa land, had left 19 bigha 19 biswas of land severed from the other part.
10. Vide Award of the reference Court, compensation for severance has been allowed for one part of severed land measuring 19 bigha 19 biswas but no compensation has been allowed for other severed portion viz. 17 bigha 3 biswas. Counsel for the respondents has urged that since acquired land was only 1 bigha 12 biswas whereas the unacquired land was a large chunk of 17 bigha 3 biswas no compensation for severance is payable. It is claimed that no compensation was rightly awarded for that severed part of the unacquired land. This argument is completely untenable.
11. Facts demonstrate that even with respect to the other part where 9 bigha 1 biswa of land of the land owners had been acquired, the left out unacquired land was much larger i.e. 19 bighas 19 biswas. Compensation for the same has been allowed by the reference Court. Reference Court had legitimately applied verdict (Ex.A3) of this Court under RFA 98 of 1986 for allowing compensation for severance of unacquired land @ 25% @Rs.15,000/- per bigha, as was fixed by this Court. There was no reason for not allowing such compensation with respect to the other severed portion of 17 bighas 3 biswas of land, which was a direct consequence of acquisition of land though of small portion of 1 bigha 12 biswas out of Khasra No.91 of the land owners.
12. Though, no ground is made out to increase the quantum of severance compensation to the extent of 50% of the market value, but partly accepting the appeal of the land owners, severance compensation at the same rate i.e. 25% taking market value of the land i.e. Rs.15,000/- per bigha for the other severed portion of unacquired land 17 bighas 3 biswas is also to be paid RAKESH KUMAR 2014.08.08 12:12 I attest to the accuracy and integrity of this document 5 RFA No.1464 of 1993 to them with interest as has already been ordered in respect of the other severed portion of 19 bigha 19 biswas of land by the reference Court in impugned order of 10.12.1992. The appellants would also be entitled to all other statutory benefits including interest.
13. The appellants have not established any loss to crops due to inflow of muddy water to the unacquired land. With this modification, partly accepting the appeal, rest of the Award is affirmed.
14. Appeal is disposed of in these terms.
August 2nd ,2014 (Dr. BHARAT BHUSHAN PARSOON)
rakesh kumar JUDGE
RAKESH KUMAR
2014.08.08 12:12
I attest to the accuracy and
integrity of this document