Amarjeet Chaudhary, J. - (1.) THIS judgment of mine will dispose of R.F.A. Nos. 722 and 723 of 1984 filed by the landowners and R.F;A. Nos. 1131 and 1132 of 1984 preferred by the State of Haryana as they arise out of the common Award of the learned Additional District Judge, Karnal. The landowners have sought enhancement in Che amount of compensation; whereas the State has prayed for reduction in the compensation amount.
(2.) THE State of Haryana in pursuance of notification dated 25.9.1979 issued under Section 4 of the Land Acquisition Act (for short 'the Act') acquired the disputed land which is situated within the Municipal limits of Panipat. The Land Acquisition Collector divided the land into two categories i.e. Block 1 and Block II. The Chahi land was put in Block I whereas the Banjar Qadim and Banjar Jadid land was placed in Block II. The Land Acquisition Collector has assessed the market value of the acquired land falling in Block I at Rupees 24900/ - per acre whereas the market value of the acquired land failing in Block II was fixed at Rupees 19992/ - per acre. The landowners feeling dissatisfied with the Award of the Collector sought reference under Section 18 of the Act. 3 Before the Land Acquisition Court, the landowners produced as may as four sale deeds Exhibits P.3 to P.6, the details of which are given below: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Date of Area of Total Rate per Purchase Land Amount Sq. Yard. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ex. P.3 2.2.1973 1300 sq.yards Rs. 12000/ - Rs. 9.23 Ex.P.4 2.2.1973 114 sq. yards Rs. 3000/ - Rs. 26.31 Ex.P.5 2.9.1973 575 sq. yards Rs. 7000/ - Rs. 12.17 Ex.P.6 19.12.1970 488 sq. yards Rs. 3000/ - Rs. 6.15. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Besides the sale deeds, the landowners produced Exhibit P.7, a copy of the Award, given by the Court on 9.11.1983. 4. From a reading of the Award given by the learned Additional District Judge, it is clear that the learned Additional District Judge has placed reliance upon Exhibits P3 to P5 while assessing the market value of the acquired land at the rate of Rupees 25/ - per square yard. The learned additional District Judge did not take into consideration either Exh.P.6, a sale deed or the Award Exh.P.7 and in my opinion the approach of the court below is perfectly justified. In Exh.P.7, the court was considering the acquisition, the notification of which was issued on 24.9.1981 whereas in the present case notification under Section 4 of the Act was issued on 25.9.1979. The sale deed Exh.P.6 having taken place on 19.11.1970 has also been rightly discarded by the Land Acquisition Court. Even otherwise, Exh.P.6 is not of much help to the landowners in as much as it gives the rate of the land sold at Rupees 6.15 per sq. yard only whereas the average price in the other three sale deeds Exhibits P.3 to P.5 is much higher. It cannot, therefore, be said be said that the learned Additional District Judge has committed any abertion in relying upon Exh.P.3 to P.5. The average price of the afore -mentioned sale deeds Exhibits P -3 to P.5 comes to Rs. 16/ - per sq. yard. 5. I have heard the learned counsel for the parties and have gone through the documentary and oral evidence brought on the record of the case. In my considered view, there sale deeds are relevant and comparable vis a vis the acquired land, It has been found as a fact that the sale deed Exhibits P.3 to P.5 are in respect of the acquired land of Ajay Paliwal one of the landowners. The average price of those sale deeds comes to Rs. 16/ - per sq. yard and, therefore, the Land Acquisition Court has not committed any error whatsoever in assessing the market value of the acquired land on the basis of average price of sale deeds Exhibits P.3 to P.5. However, instead of giving the premium of 10 percent per year for the price rise, I hereby give premium of. 12 percent per year by way of price rise at Rs. 16/ - per sq. yard in view of the law laid down by this Court in Inder Singh v. State of Punjab (1988) 94 P.L.R. 190 when the rise of 12 percent per year is given, the market value of the acquired land comes to Rs. 27.52P per sq. yard which can be rounded off at Rs. 28/ - per sq. yard. 6. For the reasons recorded above the appeals filed by the landowners are allowed to the extent indicated above with proportionate costs whereas the appeals filed by the State of Haryana are dismissed with costs. The counsel's fee in each appeal is quantified at Rs. 1100/ - The landowners are further held entitled to the grant of statutory benefits of the amended provisions of Sections 23(2) and 28 of the Act.;