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CASE NO.: Appeal (civil)  3890-3891 of 1999

PETITIONER: The State of Punjab

RESPONDENT: Harchal Singh (Dead) through LRs.

DATE OF JUDGMENT: 23/05/2006

BENCH: Dr. AR. Lakshmanan & Lokeshwar Singh Panta

JUDGMENT: J U D G M E N T           Dr. AR. Lakshmanan, J.

       Heard Mr. H.M. Singh, learned counsel for the appellant and  Mr. Nikhil Goel, learned counsel for the respondent.  The matter  relates to the acquisition of the land owned by the respondent for  public purpose. Notification under section 4 of the Land  Acquisition Act was issued on 4.2.1981 for the acquisition of the  land in question situate in village Kambali, Tehsil Kharar, District  Ropar for the purpose of expansion of Industrial Focal Point  Mohali.  The Land Acquisition Officer by its award dated  22.12.1983 awarded a sum of Rs.85,000/- per acre for Chahi land.   We are concerned only with Chahi land in these appeals and not  other lands.  On 2.9.1986, the District Judge maintained the award  of Rs.85,000/- per acre as regards Chahi land was concerned.   The matter was taken up on appeal by the State of Punjab.  The  respondent claimant also filed an appeal.  Both the appeals were  disposed of by the High Court by a common judgment on  18.1.1989.  The High Court awarded the compensation at  Rs.1,75,000/-  pvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvich day, this Court also set aside the abatement.         These appeals are now listed before this Bench for final  disposal.  We have perused the award passed by the Land  Acquisition Officer and order passed by the District Judge and the  common Judgment rendered by the High Court.  The High Court  on a consideration of the exhibits filed and marked before it and  the oral evidence came to the conclusion that "phase nos. X and XI  of Urban Estate Mohali have come up in the land of village  Kambali earlier and the claimant’s land is at a distance of three  killas from phase XI and the situation of the acquired land  admittedly is quite close to the area already under development of  the Urban Estate".    In the instant case, the very purpose for  acquisition of this land is for expansion of the Industrial Focal  Point, which itself implies that the acquired land of the claimant  was fit for industrial purposes or expansion of similar kind of  construction etc.  The Land Acquisition Collector also considered  potentiality and assessed the land which was recorded as "Chahi"  in the revenue record at the rate of Rs.85,000/- per acre.  

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According to the claimant, his land was irrigated by the sewerage  drain.  This fact further stood confirmed from the award of the  Collector in which it is mentioned that the land is extremely fertile  being irrigated by "Ganda Nala"and is in a level shape.  P.W.1 in  his  evidence has stated that in phase X in Mohali plot no.2330  was sold in auction for Rs.2,31,000/- and this plot measured 507  sq. yds.  Another plot in phase IX was sold for Rs.25,998/- which  was of 407 sq. yds.  However, these plots were sold on 27.3.1982  much after the notification regarding the acquisition of the land of  the claimants.  These plots were sold in a fully developed area and  the price was to be paid by the purchasers in instalments.  P.W.2  Hardev Singh states in his own evidence that phase nos. X and IX  are a part of vilalge Kambali and claimants’ land is at a distance of  three killas from phase IX.  In his cross-examination, he admitted  that there was brick kiln very close to the acquired land and  admitted that there was no house existing in between the acquired  land and phase IX.  The learned Single Judge also relied upon the  evidence rendered by these witnesses.  The High Court has now  awarded a sum of Rs.1,75,000/- per acre taking into consideration  of the sale dated 12.1.1978 of a land of  407 sq. yds.  The sale  price for the said land was Rs.23,635/- and the price per acre  comes to Rs.2,81,000/-.  The High Court taking consideration the  sale transaction in phase IX pertaining to 407 sq. yds. for  Rs.23,635/- and that it was in a developed colony reduced the  compensation amount from Rs.2,81,065/- per acre to Rs.1,40,532- 50 per acre.  The High Court has applied 50 per cent cut keeping  in view all the submissions  of the learned counsel for the State  that the High Court should not grant the same amount of  compensation for the acquired land because the sale transaction,  which the High Court took into consideration, related to a very  small size of plot and that too in a developed colony.  The High  Court keeping in view of the long period, awarded a further  enhancement of Rs.35,000/- per acre, which according to the High  Court would meet the ends of justice.  In other words, the  compensation payable could be rounded off to Rs.1,75,000/- per  acre of the acquired land.  The High Court was of the view that on  the ground of high potentiality of the acquired land, the  compensation now awarded could not be said to be on the higher  side.           In our opinion, the reasons given by the High Court in fixing  the compensation at Rs.1,75,000/- per acre is cogent and  convincing.  The compensation awarded at Rs.1,75,000/- per acre  cannot at all be characterised as excessive or on the high side as  argued by the learned counsel for the State.  Since the High Court  has awarded the compensation at Rs.1,75,000/- per acre in the  peculiar facts and circumstances of the case, we do not propose to  interfere with the said award.      This  apart,   aforesaid 4(1)  Notification was issued in the year 1981 and the special leave  petitions were filed in this Court in the year 1989 and the leave  was granted in the year 1999 and the appeal is being disposed off  now in the year 2006, which is only due to "Laws Delays" and that  the delay is not attributable to any one.                     We, therefore, have no other option except to dismiss the  appeal.  We also make it clear that the claimant shall also be  entitled to all other statutory benefits under the amended  provisions of the Land Acquisition Act as contained in Sections  23(1A), 23(2) and 28 of the Act.  The High Court has also awarded  cost of the appeal to the claimants.   We affirm the same.

       The Government having acquired the land in the year 1981,  at least now pay the compensation and other benefits within three  months from this date to the claimants.

       In our opinion, there is absolutely no warrant for interference

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with the order passed by the High Court fixing the compensation at  Rs.1,75,000/- per acre.  The appeals accordingly stand dismissed.   There shall be no orders as to costs.