Uniform valuation of entire land and inapplicability of post-notification sale instances in determining compensation.

M.M.Kumar, J.

1. This order shall dispose of aforementioned six petitions filed by the land owners, challenging award dated 11.6.2002 (P-2) passed by the Land Acquisition Tribunal, Improvement Trust, Bathinda (for brevity, the Tribunal). The petitioner(s) have sought enhancement amount of compensation of the acquired land.

2. Facts of these petitions are that on 1.9.1993, a notification under Section 36 of the Punjab Town Improvement Act, 1922 (for brevity, the Act) was issued for acquisition of 49.50 acres of land for the development of a scheme known 49.50 Acres Development Scheme, which was formulated by the Improvement Trust, Bathinda-respondent No. 1 (for brevity, the Trust) under Section 24 read with Section 28(2) of the Act. On 31.8.1994, another notification under Section 42(2) of was issued by the Punjab Government sanctioning a development scheme. Pursuant thereto land measuring 49.50 acres was acquired for the development of said Scheme. The Collector-respondent No. determined compensation for the acquired land in two blocks - at the rate of 20.52 lacs per acre (about Rs. 424/- per sq. yard) for gair murnkin and Rs. 8 lac per acre for barani land, vide award dated 29.8.1996. The Trust did not challenge the award but the land owners preferred reference to the Tribunal under the provisions of the Act. On 11.6.2002, the Tribunal passed the award holding that the entire land was required to be evaluated at a uniform rate of Rs. 20.52 lacs per acre (P-2). The findings of the Tribunal about the location and nature of the land reads thus :-

"12....... The oral statements of Devinder Singh (AW. 1), Minder Kumar (AW. 2), Harnek Singh (AW. 7), Abhey Singla, Advocate (AW. 8) and A.C. Goyal (AW. 9) leave no doubt in our mind that the land in question has been situated within the municipal limits of district Bathinda at the time of acquisition of the land. Near the acquired land, there has been developed residential colonies and other industrial and commercial properties. At the relevant time, the land was lying vacant and was not being used for agricultural purposes. The land in question could be used for residential, commercial and industrial purposes.

15. In this manner we have found that the whole of the land was lying vacant and was not being used for agricultural purposes. The land has been proved to be even. Respondent has not produced any evidence that they spent money on making the land even and filled ditches and pits. The Collector has not mentioned in the award that the land was low lying and it had pits. In such a situation there was no justification for classifying the land into the Gairmumkin land and Barani land. The learned Land Acquisition Collector could not grant different types of compensation for gairmumkin and barani land when the land is located at the same place and was fit for residential, commercial and industrial use. The Land Acquisition Collector could not treat the equals as unequal and grant compensation at different rates without assigning any cogent reason. The Land Acquisition Collector did not assign any reason for granting compensation at different rates when the land was acquired by the same notification."

3. On behalf of the claimants reliance was placed, interalia, on the sale deeds dated 4.12.1993 and 18.1.1993 respectively (Exhibits A-5 & A-6) showing the rate of about Rs. 500/- per Sq. Yard. The Tribunal held that the said instances could not be made basis for determining market value of the entire land as they related to small plots of land. For the same reason, instances Exhibits A-11 to A-13 were also not made the basis for grant of compensation.

4. Civil miscellaneous applications have been filed in each case of the present bunch of petitions seeking disposal of the petitions. A perusal of the application shows that the award dated 11.6.2002 passed by the Tribunal was subject matter of challenge in a number of petitions which were grouped together. On 3.3.2009, a bunch of 13