IMPORTANT POINT
Market value—‘Barani Land’—Barani Land had the potentiality—While determining the market value of such land 1/5th cut in the price of chahi land is reasonable.

Vijender Jain, C.J. :-This common judgment will dispose of the above mentioned three appeals under Clause X of the Letters Patent, which, although, have been preferred against different orders of the learned Single Judge, but the lands belonging to all the appellants situated within the revenue estate of village Thali, Tehsil and District Ropar, was acquired by the same notifications dated 26.11.1982/27.11.1982 and 7.12.1982 issued by the Government of Punjab under Sections 4 and 6 of the Land Acquisition Act,1894, respectively, (hereinafter referred to as ‘the Act’) for the construction of S.Y.L. Canal.

2. After following the procedure laid down under the Act, the Land Acquisition Collector, (S.Y.L.), Patiala (for short, ‘the Collector’), by his award dated 22.3.1984, had determined the market value of the acquired land per acre at the following rates:-

Chahi = Rs.2,05,000/-

Barani = Rs.1,16,000/-

Gair Mumkin = Rs.30,000/-

Dis-satisfied with the award of the Collector, the appellants and other land-owners sought references under Section 18 of the Act. The District Judge, Ropar, vide his common judgment dated 3.2.1986, decided the same and held that they were not entitled to any enhancement in the awarded compensation, which resulted in the filing of Regular First Appeals by the appellants.

3. The learned Single Judge, while deciding R.F.A.No.743 of 1986 filed by Hari Singh and another vide his order dated 25.5.1989, maintained the compensation awarded qua chahi land, but enhanced the compensation qua barani land to Rs.1,53,750/- per acre.

Regular First Appeal Nos.14 and 81 of 1989 filed by Kabal Singh & another and Smt. Dhan Kaur & others, respectively, were disposed of by the learned Single Judge by different orders of January 7,1993 in terms of his order dated 25.5.1989 passed in R.F.A.No.743 of 1986.

4. The appellants, feeling aggrieved by the orders of the learned Single Judge, have invoked the jurisdiction of this Court under Clause X of the Letters Patent.

5. Learned counsel for the appellants contended that there was sufficient material on record to show that the value of the barani land was much higher than what has been determined and that even the learned Single Judge has accepted the potentiality of the land and concluded that barani land was fetching Rs.4,00,000/- per acre, when he observed as follows in order dated 25.5.1989 passed in R.F.A.No.743 of 1986:-

“.....The price of barani land per acre came to Rs.4,00,000/-. Rather the price fetched by way of sale deed dated 22.6.1982 Exhibit P3/A immediately before the Notification was Rs.4,00,000/- per acre. Thus much high price ofbarani land seems to be there in view of the potentialities of the acquired land which has been so noticed even in the judgment under challenge. However, I need not go into the potentialities of the acquired land for the simple reason that this court can place some reliance upon Exhibit P3/A if not more than Ex.P3/A. Since the sale pertains to too small an area and its location is also unascertained, I would keep in mind while finally relying upon valuation which has been put upon chahi land. In my view, it would be just, fair and equitable to apply a cut of 1/4th to the market value fixed by the Collector for chahi land i.e. Rs.2,05,000/-. In my considered view, this court need not apply a cut of more than1/4th for the reason that the market value of barani land as represented by Exhibit P3/A is not less than the value of chahi land. This1/4th cut, as has been observed above, is being applied for the reasons that by virtue of Exhibit P3/A land measuring 6 marlas located in village Thali was sold and the location was not known. For all these reasons, the market value of the acquired barani land after applying a cut of 1/4th is determined at Rs.1,53,750/- per acre.” (Emphasis supplied)

6. Learned counsel for the appellants argued that in view of the findings recorded by the learned Single Judge, the compensation for barani land ou