The main legal point established in the judgment is the application of a 1/3rd cut to the average sale price of relevant sale instances to work out just and proper compensation for the acquired land.

V.K. Bali, J. (Oral) - As in every case, so also in this, the prayer of land owner-appellants is for fixing of proper market value of the land, subject matter of acquisition, and consequent thereof to enhance the market price above, fixed by the learned District Judge.

2. Brief facts giving rise to this regular first appeal reveal that land measuring 196 kanals 13 marlas in Village Bhagwala was intended to be acquired for public purpose, namely, Anandpur Sahib Hydel Project, by the Government when Notification under Section 4 of the Land Acquisition Act, 1894 (for short the Act) was issued on 16.2.1978. A follow up declaration under Section 6 of the Act was issued on 4.8.1978. Learned Land Acquisition Collector vide his award dated 16.1.1979 categorised the land as Chahi, Barani and Banjar Qadim. Whereas Rs. 20,000/- per acre was fixed as market value of Chahi land, it was Rs. 16,000/- and Rs. 6,000/- per acre for Barani and Banjar Qadim, respectively. Dis-satisfied with the inadequate compensation assessed by learned Land Acquisition Collector, the land owner-appellants sought reference under Section 18 of the Act. Learned District Judge, vide his judgment, dated 19.5.1981, enhanced compensation of the land which was categorised as Barani, whereas, with regard to other kinds of land, like, Chahi and Banjar Qadim, order of Land Acquisition Collector was maintained. Still dis-satisfied with the compensation, so assessed by learned District Judge, the present regular first appeal for further enhancement of the market price has been filed. Insofar as, the location of the land is concerned, learned District Judge, on the basis of the evidence led by the parties, and particularly on the statement of Shri Santokh Singh, Patwari, observed as follows :

"The abadi of this village is extending toward the acquired land. There are Shivalik Hills towards the east of the abadi of this village. According to its situation, the abadi of this Village can extend only towards the acquired land. It connects the abadi of this Village with Nangal-Ropar-Chandigarh road, which is towards the east of the acquired land, and about 150 Karams, therefrom. Bridge, over the old canal, connects the acquired land with Nangal-Ropar-Chandigarh Road. Kiratpur town is about 1/1 KMs. from the acquired land. Village Bhatauli, Janwal, Kiratpur Sahib and Kalayanpur constitute the abadi of Kiratpur town. Boundary of Village Bhattaul is about 1-1 KMs. from the acquired land. Towards east of Kiratpur town, are Shivalik Hills, while towards its west, is old canal, whereas towards its north, is the acquired land, while towards its South, is Gurdwara land. Before the acquisition of the land in question, the abadi of Kiratpur town was extending towards the acquired land."

3. The parties led evidence by producing the record of the mutations sanctioned on the basis of sale-deeds Exs. P6, P.7, P9 and P10. It requires to be mentioned here that on an application filed under Order 41 Rule 27 of the Code of Civil Procedure, the appellants herein were permitted to lead additional evidence enabling them to produce on record the sale deeds relating to mutations Exs. P6, P7, P9 and P10, which were ordered to be exhibited as Exs. P12, P13, P14 and P15.

4. Whereas, the land measuring 2 kanals was sold at the rate of Rs. 36,000/- per acre vide sale instance Ex.P12 dated 12.5.1977, 2 kanals of land was sold vide Ex.P13 dated 27.6.1977 at the rate of Rs. 20,000/-, 12 marla of land was sold vide sale instance Ex.P14 dated 31.8.1977, at the rate of Rs. 53,333/- per acre. The average price of these sale instances works out at Rs. 36,000/- per acre. Insofar as sale instance Ex.P10, dated 26.4.1978, is concerned, in considered view of this Court, the same cannot be taken into consideration as the same is post-notification instance. Except sale instance, Ex.P10, the other sale instances, referred to above, have to be held relevant, as would be clear from the findings recorded by learned Distr