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PUNJAB & HARYANA HIGH COURT
Vinod K.Sharma, J.
State Of Punjab
Versus
Mithu Singh
RFA No. 2082 of 2004,
Decided On : JULY 15, 2009
Land Acquisition Act - Compensation Assessment - Section 18, 4, 6, 9 - The court discussed the assessment of compensation under the Land Acquisition Act, 1894, specifically focusing on the market value of the acquired land, potential use for residential, commercial, and industrial purposes, and the relevance of sale deeds as evidence for determining market value.
Fact of the Case:
The State of Punjab challenged the award passed by the Additional District Judge, Mansa, regarding the acquisition of land for a new grain market under the Land Acquisition Act, 1894. The landowners sought reference under section 18 of the Act for enhanced compensation.
Finding of the Court:
The court found that the reference was filed within the limitation period and upheld the assessment of compensation for buildings, structures, and trees. However, it rejected the landowners' claims for enhanced compensation due to lack of material evidence to support their demands.
Issues: The main issue was whether the claimants were entitled to enhanced compensation for the acquired land and the value of superstructures and trees.
Ratio Decidendi: The court emphasized the importance of bona fide sale deeds as the best evidence for determining market value and considered the potential use of the land for residential, commercial, and industrial purposes. It also highlighted the relevance of recent sale deeds and the need to consider the potential future use of the land in assessing market value.
Final Decision: The court reduced the compensation to Rs. 90 per square yard, considering the potential use of the land and the surrounding road access. The landowners were entitled to solatium and other statutory benefits.
Vinod K.Sharma, J.
1. This common judgment shall dispose of RFA No. 2082 of 2004 titled State of Punjab & Anr. v. Mithu Singh & Ors., and other connected RFA Nos. 2083 to 2099 of 2004, and 1580 to 1590 and 1593 to 1599 of 2005 titled State of Punjab & Anr. v. Mukhtiar Singh & Ors., State of Punjab & Anr. v. Makhan Lal & Ors., State of Punjab & Anr. v. Gulzara Singh & Ors., State of Punjab & Anr. v. Mohinder Singh & Ors., State of Punjab & Anr v. Smt. Baltej Kaur & Ors., State of Punjab & Anr. v. Midda Singh & Ors., State of Punjab & Anr. v. Dhanantar Singh & Ors., State of Punjab & Anr. v. Manmohan Lal Gupta & Ors., State of Punjab & Anr. v. Maya Devi & Ors., State of Punjab & Anr. v. Sudesh Kumar & Anr., State of Punjab & Anr. v. Saroj Rani & Ors., State of Punjab & Anr. v. Subhash Chander & Ors., State of Punjab & Anr. v. Jal Kaur & Anr., State of Punjab & Anr. v. Tarsem Chand & Ors., State of Punjab & Anr. v. Atma Singh & Anr., State of Punjab & Anr. v. Sukhdev Singh & Anr., State of Punjab & Anr. v. Maya Devi & Anr., Market Committee, Bhikhi v. Saroj Rani & Ors., Market Committee, Bhikhi v. Maya Devi & Ors., Market Committee, Bhikhi v. Baltej Kaur & Ors., Market Committee, Bhikhi v. Sukhdev Singh & Ors., Market Committee, Bhikhi v. Mohinder Singh & Ors., Market Committee, Bhikhi v. Mukhtiar Singh & Ors., Market Committee, Bhikhi v. Manmohan Lal Gupta & Ors., Market Committee, Bhikhi v. Maya Devi & Ors., Market Committee, Bhikhi v. Makhan Lal & Ors., Market Committee, Bhikhi v. Dhanantar Singh & Ors., Market Committee, Bhikhi v. Jal Kaur & Ors., Market Committee, Bhikhi v. Sudesh Kumar & Ors., Market Committee, Bhikhi v. Mithu Singh & Ors., Market Committee, Bhikhi v. Modan Singh & Ors., Market Committee, Bhikhi v. Gurdev Kaur & Ors., Market Committee, Bhikhi v. Subhash Chander & Ors., Market Committee, Bhikhi v. Harinder Singh & Ors., Market Committee, Bhikhi v. Tarsem Chand & Ors., respectively, as these appeals have arisen out of the common judgment/award passed by the learned Additional District Judge, Mansa.
2. For the sake of brevity facts are being taken from RFA No. 2082 of 2004. State of Punjab by way of this RFA has challenged the award passed by the learned Additional District Judge, Mansa on an reference made under section 18 of the Land Acquisition Act, 1894 (for short the Act). State of Punjab in order to establish new grain market issued a notification under section 4 of the Act dated 30.11.1992. The notification was published in the Punjabi Tribune on 11.12.1992 and in the English Tribune on 14.12.1992. Objections filed by the land owners were dismissed on 22.4.1993 and notification under section 6 of the Act was published on 24.12.1993. By way of notification under section 6 of the Act land measuring 31 acres 1 kanal and 4 marlas was ordered to be acquired and notice under section 9 of the Act was issued to the owners on 9.4.1994. The Land Acquisition Collector entertained the claims of the landowners and passed award dated 18.7.1994 fixing the market value of Nehri land at Rs. 45019/- (Rupees forty five thousand and nineteen only) per acre and for Gair Mumkin land at the rate of Rs. 59,378/- (Rupees fifty nine thousand three hundred and seventy eight only) per acre. The landowners were further held entitled to solatium at the rate of 30 per cent and interest at the rate of 12 per cent per annum.
3. The land owners being dissatisfied from the award sought reference under section 18 of the Act which were forwarded to the learned District Judge, Mansa for decision. Besides market value the assessment was also made for superstructures and trees standing on the land. The landowners/claimants prayed for grant of compensation of acquired land at the rate of Rs. 35 lacs per acre. The landowners also sought enhancement of compensation of superstructure and the trees.
4. On notice the appellant/State contested the claims and took a stand that the compensation has rightly been awarded by the Land Acquisition
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