The main legal point established in the judgment is the assessment of compensation for acquired land under the Land Acquisition Act, 1894, and the entitlement of land owners to compensation for severance caused by the acquisition.

Rajesh Bindal, J.

1. This order will dispose of a bunch of 18 appeals, as common questions of law and facts are involved.

2. The land owners are in appeal seeking further enhancement of compensation for the acquired land.

3. Briefly, the facts are that land measuring 41.10 acres, situated in village Rori, Tehsil and District Sirsa, was acquired vide notification dated 29.3.1993 issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) for the purpose of construction of Rori-Ghaggar Drain. The Land Acquisition Collector (for short, the Collector) gave award of Rs.30,000/- per acre. Aggrieved against the same, the land owners filed objections which were referred to the learned Additional District Judge, Sirsa, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land at Rs.1,00,000/- per acre.

4. Learned counsel for the land owners submitted that the learned court below has failed to appreciate the evidence led by the land owners on record for the purpose of determination of fair value of the acquired land. Sale deed (Ex.P53) registered on 15.5.1992 for a big chunk of land measuring 10 kanals 17 marlas @ Rs.1,10,599/- per acre was not relied upon in its true letter and spirit and the compensation was assessed at merely Rs.1,00,000/- per acre. In fact, the land owners were entitled to the amount of compensation in terms thereof and further increase at least @ 12% per annum for the time gap. He further submitted that with the acquisition of land for the construction of Rori-Ghaggar drain, the land has been divided into two parts and the land owners on that account are also entitled to damages on account of severance, as it has become difficult for them to cultivate or approach the other portion of the land, though a claim to that effect was made in the reference petition and even evidence was also led, but still the learned court below has failed to grant any compensation on that account It is submitted that the fact that with the construction of drain, the land is divided into two parts which create difficulty in cultivation and approaching the other portion of land, cannot possibly be denied.

5. On the other hand, learned Additional Advocate General submitted that fair assessment of the value of the acquired land has been made by the learned court below by relying upon sale deed (Ex.P53), which does not call for any interference at all. He further submitted that in fact the land owners are not entitled to that much amount of compensation. However, the State did not prefer any appeal at that time showing generosity to the land owners. The land in question was water logged. The drain was constructed only for that purpose. He further submitted that in the absence of any issue having been framed and the evidence led by the land owners, they are not entitled to any amount of compensation on account of severance as the onus to prove that they had suffered any loss/damages was on the land owners, which they failed to discharge.

6. Heard learned counsel for the parties and perused the record.

7. As far as determination of compensation for the acquired land is concerned, considering the material on record, I do not find any reason to interfere therein. Sale deed (Ex.P53), which was executed on 15.5.1992, approximately 10 months prior to the date of notification, was relied upon by the learned court below for granting compensation/to the land owners @ Rs.1,00,000/- per acre. The average consideration paid therein was Rs.1,10,599.07 per acre. The location of the land pertaining to sale deed (Ex.P53) is not shown on any site plan. All what has come in the oral evidence is that the same is 10-12 killas away from the acquired land. The acquisition in the present case is for Rori-Ghaggar drain, which is of good length. It cannot possibly be said that the land pertaining to sale deed (Ex.P53) would be 10-12 killas away from the acquired land. At the most, it can