M.S.LIBERHAN,J - (1.) THIS judgment of ours shall dispose of a bunch of Letters Patent Appeals arising out of the judgment dated 28th October, 1987 of the learned Single Judge. So far as the facts are concerned, those have been taken from L.P.A. No. 822 of 1988.
(2.) IN brief, the factual matrix necessary in order to determine the appeals is that the land of eight villages i.e. Ghanauli, Daburji, Nuhon, Rattanpura, Awankot, Chak Dhera, Kot Bala and Sirsa Nangal, measuring 5010 Kanals 12 Marlas, was acquired for the purpose of establishing Thermal Plant, Ropar, vide Notification dated July 14, 1979, under Section 4 of the Land Acquisition Act, published on July 20, 1979. Similarly, another piece of land measuring 279 Kanals 1 Marla from the same villages was acquired for the same purpose vide Notification, dated January 23, 1981, under Section 4 of the Act. Still another area of 2283 Kanals 1 Marla was acquired for the same purpose out of the same villages vide Notification under Section 4, dated June 21, 1979. The Collector treated the land as Chahi/Nehri, Bagh Chahi/Barani/Bagh Barani/Salab/Banjar Jadid/Banjar Qadim and Ghair Mumkin and assessed the market value according to the nature of the land. However, the District Judge, Ropar, treated the land as Chahi, Barani, Salab, Banjar Jadid and Banjar Qadim and enhanced the market value vide order, dated February 25, 1983. The market value assessed is as under : (1) Chahi, Bagh-Chahi, Nehri and Chahi-Nehri Rs. 18,000/- per acre (2) Barani and Bagh Barani Rs. 14,500/- per acre (3) Salab land Rs. 11,000/- per acre (4) Banjar Jadid Rs. 12,700/- per acre (5) Banjar Qadim/Ghair Mumkin Rs. 7,200/- per acre (3) The District Judge in another award, dated January 6, 1984 arising out of a bunch of claims with respect to the land acquired by the same Notification for the same purpose and relating to the same villages assessed the market value as under :- (1) Chahi Nehri Rs. 20,000/- per acre (2) Barani Rs. 16,500/- per acre (3) Salab Rs. 12,500/- per acre (4) Banjar Jadid Rs. 15, 000/- per acre (5) Banjar Qadim/Ghair Mumkin Rs. 11,000/- per acre The market value with respect to the acquisition of land in the year 1981, was assessed as under : (1) Chahi Nehri Rs. 23,000/- per acre (2) Barani Rs. 18,975/- per acre (3) Salab Rs. 14,375/- per acre (4) Banjar Qadim/Ghair Mumkin Rs. 12,650/- per acre Along with it, statutory benefits were given. In appeal, the learned Single Judge assessed the market value with respect to the acquisition through Notifications of 1979 at the following rates : (1) Chahi/Nehri Rs. 25,000/- per acre (2) Barani/Banjar Jadid/Salab Rs. 20,198/- per acre (3) Banjar Qadim/Ghair Mumkin Rs. 15,200/- per acre and further allowing the increase of about 18 per cent for the acquisition made through the Notification (under Section 4 of the Land Acquisition Act) in the year 1981 assessed the market value of the land at the following rates : (1) Chahi/Nehri Rs. 29,700/- per acre (2) Barani/Banjar Jadid/Salab Rs. 23,834/- per acre (3) Banjar Qadim/Ghair Mumkin Rs. 17,700/- per acre
(3.) THE appellants impugned the judgment of the learned Single Judge and contended that the learned Single Judge has committed an error by applying a cut of one-third while assessing the market value represented by Exhibits P- 4/C, P-5/D and P-26/R which are the sales relating to the year 1979. It was further contended that the land having been acquired after two years, the learned Single Judge should have taken note of the rising trend of the price which has been recognised even by statutory provisions of the Land Acquisition Act to the effect that usual enhancement in price of the land is about 12 per cent per year.;