INDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted in all S. L. Ps.

(2.) By Notification published in the Haryana State Gazette on October 12, 1976, under Section 4(1) of Land Acquisition Act 1 of 1894 for short the Act, the respondent Union Territory of Chandigarh acquired a total extent of 70.09 acres of land situated in Manimajra near Chandigarh for a public purpose, namely, to set up Brick Kilns therein. The lands comprised in different Khasra numbers within H. B. No. 375, out of which 63.09 acres are Abi cultivated lands, the rest are Barani (rainfed land) and, ghair munkin (waste lands) boulders trenches etc. By award dated January 11, 1977, the Collector fixed a sum of Rs. 23,600/- as market value of Abi, Rs. 17,000/- per acre to Barani and Rs. 12.000/- to Ghair Munkin lands. On reference under S. 18, the Civil Court enhanced the compensation to Rs. 23,600/- per acre to Abi lands and no enhancement to other categories with solatium at 15 per cent and interest at 6 per cent per annum on the enhanced compensation from the date of taking possession till date of payment. On appeal the learned single Judge in R. F. A. No. 2605 of 1980 etc. by judgment dated August 18, 1981 confirmed the same. Thus these appeals by special leave. As common questions of law arise for decision, they are disposed of by common judgment.

(3.) Appellants contention is that the acquired lands possessed of potential value for residential and commercial purposes and there is no justification for classification of the lands and all the lands are entitled the to parity to determine the market value. By notification dated June 30, 1976 in the same village under the same H. B. No. 375, 54.37 acres were acquired for construction of Motor Market Complex. The Collector and the Civil Court awarded the same market values as were fixed in these appeals but the learned single Judge denied parity of market value to these lands while enhancing the market value at Rs. 75,000/- per acre to the similar lands in belting No. 2 and awarded @ Rs. 3,72,200/- to the lands abutting the main road up to a depth of 140 feet in other case. Therein the single Judge relied upon Ex. P 28 of the year 1972 in which 17 marlas of land was sold @ Rs. 75,000/- per acre. Having relied upon the same and having enhanced the market value, the same yardstick should have been applied in awarding market value to the lands under acquisition. The learned counsel also placed strong reliance on 6 mutation entries which would show that the market value of the lands ranges between Rs. 1,16,000/- to 1,60,000/- per acre and the appellants, therefore, are entitled to compensation at least @ Rs. 75,000/- as claimed by them. He also contended that having found that the lands are possessed of potential value being similar to the lands in other appeal, the appellants are entitled to parity in determination of the market value as well. The Haryana Govt. acquired by notification dated January 8, 1971 vast extent of lands in Judian village for Mansa Housing and Commercial Complex and thereunder Abi/irrigated lands were awarded at a sum of Rs. 28,800/- per acre which was confirmed by the High Court. After five years the notification was issued on October 12, 1976, the Court should have taken note of steady rise in prices and have suitably enhanced the market value. Since no one was appearing for the respondent, we sent for Mr. Ranjit Kumar, the previous standing counsel for the Union Territory, Chandigarh and requested him to assist the court. Accordingly he has meticulously analysed the entire evidence and rendered valuable assistance. He contended that the lands are situated beyond railway line on North-West and 1/ 1/2 km. to the motor market on the other side of the road. The lands are nearer to Sukhna Choe (lake) at a distance of one furlong. The mutation record is not admissible as none, connected with the sale transactions, were examined to prove the documents; the grounds for sales, comparative advantages and their respective situation. The motor market is situated in a developed area on the Eastern side of the road and the lands in these cases are located away from those lands. Shri Ranjit also contended that lands in Judian village for Mansa Housing and Commercial Complex were nearer to Abadi possessing better amenities and they do not afford any comparable grounds. He contended that the lands for canalisation of Sukhana Choe was acquired by notification dated March 21, 1972 and the Reference Court upheld the award of the Collector at Rs. 15,525/- for Abi lands which was confirmed by the High Court. The location being very near to the lands under requisition, they offer reasonable base to fix market value. Notification was issued under S. 6 of the Punjab New Capital (Periphery) Control Act, 1952, freezing development of the lands situated within a radius of 10 miles from Chandigarh boundry for any residential and commercial purposes. Therefore, they are not possessed of any potential value. The learned Judge on the same day decided both the cases upholding the award of the Civil Court in these cases while enhancing the market value in motor market cases relied on by the appellants. He was aware of the location and differential value between two types of land. Therefore, he was not inclined to enhance the market value of the land under acquisition.