Sukhdev Singh Kang, J. - (1.) LETTERS Patent Appeal Nos. 70, 109, 322, 323, 327, 328, 329, 330, 331, 334, 344, 345 and 352 of 1981 are proposed to be disposed of together by a common judgment because they arise out of the same judgment and contain common questions of law and fact.
(2.) BRIEFLY stated the facts are that the Punjab Government acquired 107 acres, 7 kanals and 12 marlas of land situated in village Killianwali A notification under Section 4 of the Land Acquisition Act (hereinafter called 'the Act') was published on March 14, 1977. It was closely followed by a notification under section 6 of the Act on March 15, 1977. The Land Acquisition Collector divided the acquired land into two belts representing the varying degrees of its potential value, the propinquity of the land to the main Dabwali -Malout Road being the crucial factor kept in view of this regard. The special belt of the land which actually abutted on the main road was valued at Rs. 15,000/ - per acre. The price of the remaining land was fixed at Rs. 5200/ - per acre. The appellants landowners did not accept the award and made written applications in this regard to the Land Acquisition Officer under section 18 of the Act, requiring him to refer their cases to the Civil Court for determination of compensation. The State opposed the claim petitions and urged that the compensation was rightly assessed and really represented the market value of the acquired land in accordance with the principles contained in Section 23 of the Act. The claimants apart from making their own statements, examined Tej Ram Patwari, AW5. They also produced copies of Award dated 23.2.1978 (Exhibit P/1), field map, Exhibit P/2, consolidation Scheme, Exhibits P/3 and P/4, Jamabandi, Exhibit P/5, Award, Exhibit P/6, Khatauni, Exhibit P/7, Sale -deeds, Exhibits P/8, to P/13, Jamabandi Exhibits P/14 to P/15, Award, Exhibit P/16, Sale -deeds, Exhibit P/17, mutations, Exhibits P/18 to P/21, Nehri Girdawari, Exhibit P/23 and field map, Exhibit P/22 and P/24. In rebuttal, the respondent produced Harnand Singh, Patwari Colonization, and tendered in evidence mutations Exhibits R/2 to R.6. The learned Additional District Judge held that the evidence on record proved that the location of land is very suitable and it has a great potential for the construction of residential as well as commercial buildings. Taking this potential into account, the learned Additional District Judge raised the compensation for the land other than the one comprised in the special belt to Rs. 7800/ -per acre However, he did not enhance the compensation for the land comprised in the special belt. Dissatisfied the land owners -claimants filed appeals in this Court.
(3.) THE learned Single Judge held that the decision in R.F.A. No 473 of 1980, which related to the acquisition of the land for constructing a bye pass road at Dabwali, in which case notification under Section 4 of the Act was published on April 3, 1974, and which land is contiguous to the land, indispute, furnishes the best possible evidence for the purposes of determination of the market price thereof. He relied upon sale deeds -(i) Exhibit P/9, whereby five marlas of land were sold at the rate of Rs. 1,60,000/ - per acre on December 20, 1976; (ii) Exhibit P/12, relating to the sale of 11 marlas of land on December 17, 1976, at the rate of Rs. 36 420/ - per acre; and (iii) Exhibit P/13, pertaining to the sale of 10 marlas of land at the rate of Rs. 40,000/ - per acre on December 20, 1976 The lands covered by these transactions were abutting on the Dabwali bye pass The instances established that the land lying along this byepass had acquired great potential for being used as a commercial sites. Therefore, he carved out a belt along this byepass upto a depth of 66 feet and awarded compensation at Rs. 78000/ per acre, which is the average of the above mentioned three instances. He fixed the compensation for the rest of the land at the rate of Rs. 18,000/ - per acre.;