The main legal point established in the judgment is the importance of considering sale deeds from the acquired land itself for determining the market value of the land under the Land Acquisition Act, 1894.

Rakesh Kumar Jain, J.

1. This judgment shall dispose of Five Regular First Appeals bearing Nos.2397,2394,2395,2396 and 2398 of 1993, filed by the appellants/claimants against the award of learned Addl. District Judge, Jalandhar dated 17.2.1993, vide which the compensation for the acquired land has been-assessed @ Rs. 2000/- per marla for chahi land and Rs. 700/- per marla for other than chahi land. Since identical question of law and facts are involved in these appeals, therefore, these are being decided by this common judgment. The facts, however, are taken from RFA No. 2397 of 1993.

2. Vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) dated 8.10.1987, followed by a notification of declaration dated 03.2.1988, land situated in village Lohian Sultanpur, was acquired for the purpose of widening of Lohian-Sultanpur Road.

3. The Land Acquisition Collector (for short, the Collector) vide his award dated 19.11.1989 assessed the compensation of the acquired land @ Rs. 1000/- per marla for chahi land and @ Rs. 350/- per marla for the remaining land.

4. Provoked by the inadequacy of compensation awarded by the Collector, the appellants filed objections under Section 18 of the Act and sought reference to the Civil Court. It was alleged that the land in question is located at the junction of Sultanpur Lohian Ferozepur Road near the Bus Stand of Lohian town. There are number of Rice Shelters, Railway Station, Railway Quarters and residential houses located quite adjacent to the acquired land. Petrol Pumps, Rest House and Grain Market are located near it. As per the claimants, the market value of the acquired land was not less than Rs. 8000/- per marla.

5. The objections were contested by the State of Punjab/respondents, in which it was alleged that Lohian is a small town and only one or two shops are located adjacent to the acquired land. Rice shellers, Railway Station, Railway Quarters, Petrol Pump and Rest House are located at a far off place from the acquired land. It was maintained that the compensation awarded by the Collector is just and adequate and is in terms of the prevailing market rate at the time of acquisition.

6. Both the parties led their oral as well as documentary evidence in order to substantiate their respective claims and ultimately, the learned Reference Court vide its impugned award dated 17.2.1993 reassessed the compensation @ Rs. 2000/- per marla for chahi land and @ Rs. 700/- per marla for the remaining land.

7. The land-owners were still dissatisfied with the award of the learned Reference Court, therefore, they have come up in the present appeals before this Court, which earlier came up for hearing before this Court on 26.7.2005 and were allowed. The learned Single Judge awarded the compensation @ Rs. 3150/- per marla besides awarding statutory benefits in terms of the provisions of the Amended Act.

8. At the time when the order dated 26.7.2005 was passed by this court, no one had appeared on behalf of the respondent State-of Punjab. However, the order dated 26.7.2005 was challenged by the respondents by way of S.L.P before the Apex Court which was granted and Civil Appeal No. 1842 of 2008 titled as State of Punjab & Another, v. Kewal Singh Etc. was disposed of by the Apex Court on 07.3.2008 setting aside the order dated 26.7.2005 and remanded the matter to the High Court for fresh disposal after hearing both the parties. After the remand, these appeals have once again come up for final hearing before this Court.

9. At the outset, learned counsel for the appellants/claimants has referred to the documentary evidence available on the file in the shape of sale deeds which are tabulated as under :-

Documents

Land sold in Marias

Price

Ext.P-2 dt.20.5.87

0-10

Rs. 31,500.00

Ext.P-3 dt.25.5.87

0-10

Rs. 31,500.00

Ext.P-4 dt.27.5.87

0-1-1/2

Rs. 6,000.00

Ext.P-5 dt. 1.6.87

0-1/1/2

Rs. 6,000.00

Ext.P-6 dt.27.5.87

0-2-4-1/2

sarsahi Rs. 15,000.00

It is contended that the