- (1.) The Punjab Government issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) on 13th March, 19, 64 acquiring 41.40 acres of land at village Mani Majra in Hadbast No. 375, tehsil Kharar, district Ambala, for execution of soil conservation and other improvement work in the Sukhna Choe and for the purpose of raising a green belt around Chandigarh. As regards, the appellants before me, their land out of the aforesaid area of 41.40 acres is only, 2.5 acres. The Land Acquisition Collector by his award dated 30th March 1964, fixed the market value of the acquired land at the rate of Rs. 50/- per acre. On a reference having been made under Section 18 of the Act, the District Judge vide his award dated l8th November 1985, fixed the market value of the acquired land at the rate of Rs. 700/- per acre.
(2.) The land is, of course, stated to be situated in Mani Majra yet the same is by and large a part of Chandigarh. It has come in evidence that Railway Station is about 200 Karams from the acquired land. So is the Industrial Area Phase I situated at an equal distance. Similar is the position as regards transport area is concerned. Timber Market is away at a distance of 300 Karams from the acquired land. Before the acquisition,shops of carriage contractors and Railway Station had already come into, being. Not only that; farm houses were built before 1964.
(3.) On the basis of the aforementioned facts the learned counsel for the appellants has vehemently argued that in view of the location of the acquired land, this Court can safely rely upon various sale transactions. which have taken place in the year 1962 and 1964. A bare look at the chart prepared by the District Judge in paragraph 15 would make it clear that one plot measuring 788 sq. yards was sold for a sum of Rs. 20,900/- and the rate per Maria would come to Rs. 663/-. Similarly, another plot measuring 777.78 sq. yards was sold for a sum of Rs. 29,000/- and the rate per Marla comes to Rs. 933.50. Another transaction of sale of a similar plot measuring 176 Sq. yards was effected for a sum of as. 13, 100/- and the rate comes to Rs. 1860/- per marla. There is yet another sale transaction measuring 184 sq. yards and the rate when converted into Marlas comes to: Rs. 1,902/- per Marla, Besides the above transactions of the sale, another transaction of sale which can be relied upon safely is the sale of 5347.22 sq. yards of land. This-plot was sold for a sum of Rs. 42,780/- and that too on 7-4-1964, whereas the notification under Section 4 of the Act was issued about 24 day prior to this sale transaction. PW 2 1. C. Gulati, Assistant in the office of the Estate Officer, Chandigarh, who had brought the official file deposed about all the five sale transactions which have been discussed above. The learned counsel has argued that even if the average of the aforementioned. sale instances is to be taken into consideration, the rate of the acquired land per Marla comes to about Rs. 1,000/-. The value of the acquired land on the date of notification would thus come to Rs. 1,60,000/-. There is considerable force in the submission made by the learned counsel for the claimants, Even if all allowances are given and all cuts are applied in view of the smallness of the sizes of the areas depicted in the sale transaction at serial No. I to 5 mentioned in paragraph No. 15 of the award, the market value of the acquired land on the date of notification could not have been evaluated at the rate of Rs. 700/- per acre. The minimum which can be granted by the Court is the one which has been claimed by the claimants in reference under Section 18 of the Act i, e. Rs, 10,000/- per acre.;