( 1 ) ). Delay condoned. Substitution allowed. Leave granted.

( 2 ) ). We have heard learned counsel on both sides.

( 3 ) ). Notification under Section 4 (1 of the Land Acquisition Act, 1894 acquiring a long strip of land admeasuring 2916 acres, for digging Panjokhra Minor was published on 24/6/1982. The Collector in his award dated 13/9/19822 determined the market value at Rs. 26,000. 00 for abbi lands, Rs. 20,000. 00 for barani lands and Rs. 10,000. 00 in respect of gairmurnkin land. On reference under Section 18, the Additional District Judge enhanced the compensation to Rs. 93,000. 00 per acre for abbi land, Rs. 84,000. 00 per acre for barani land and Rs. 50,000. 00 per acre for gairmurnkin land. On appeal by the claimant, the learned Single Judge awarded uniform rate of value and determined the compensation at the uniform rate of Rs. 93,000. 00 per acre in respect of all the lands. Letters patent appeal filed by the State was dismissed. Feeling aggrieved by this order in LPA, the appellants have filed this appeal by special leave.

( 4 ) ). The only question is whether the learned Judge was right in awarding the uniform rate of compensation? Though the State had filed an appeal in the High court questioning the market value determined by the District Judge at aforestated rates, it has placed no material before us to adjudge whether the market value given by the District Judge was correct in law. As regards the potentiality of the land for urban purposes, as found by the High court, the District Judge in his award dealt with it in extenso in para 14 of the judgment as under:"as regards the oral evidence produced by the petitioners to show that the acquired land had great potential value for commercial and residential purposes I am of the opinion that the said oral evidence produced by the petitioners is not sufficient to hold that the acquired land had any potential value to be used for commercial or residential purposes. The acquired land is outside the municipal limits and is towards the west of Ambala Town. Merely because the government godowns or the railway station are at some distance from the acquired land would be no ground to hold that the acquired land had any potential value unless there is cogent evidence to show that there was an overall development towards that side. Similar is the position with regard to Lyalpur Basti inasmuch as the said basti is at some distance from the acquired land. As stated by Public Witness 3, Prem Nath, the said basti is within municipal limits. Similarly, the existence of Agricultural Research Institute towards the acquired land would also not show that the acquired land has any potential value. RW 1 Yogdhian Patwari, admitted the distance of Ram Dass Nagar at some distance from the acquired land and in my opinion the existence of the said Ram Dass Nagar would not show that the acquired land had any potential value. There is no cogent evidence on the record to show that there was any general development of Ambala City towards the acquired land nor there is any evidence on the record to show that the acquired land was connected by any important road. The Ambala-Patiala Road known as Kapuri Road which goes from Ambala to Patiala via a short cut through the villages, only bifurcates the acquired land at a particular point whereas the acquired 630 land is a long strip of land which had been acquired for construction of Panjokhra Minor. Even otherwise, there is no evidence on the record to show that there was any development on the said Kapuri Road. The existence of Kapuri Road and the location of the acquired land is clear from the ask (sic) Shajra Ex. R. I. produced on the record on behalf of the State. Accordingly I hold that the acquired land had no potential value of any kind and was pure and simple agricultural land. "

( 5 ) ). In that view of the matter, it was held that the lands are agricultural lands and, therefore, the lands bore no potentiality as on the date of the notificati