- (1.) This judgment will dispose of RFA Nos. 349, 367 to 369, 1956 to 1959, 2333, 2335 & 2344 of 1989, 768, 2541 and 2545 of 1990 filed by the landowners-claimants and R.F.A. Nos. 2296 to 2299, 2301 to 2306 of 1989, 2698 and 2699 of 1990 preferred by the Union of India and Union Territory, Chandigarh as they arise out of common award given by the District Judge, Chandigarh.
(2.) Land measuring 24 acres situated in the revenue estate of village Hallo Majra was acquired by the Union Territory of Chandigarh for setting up a centre for the Central Reserve Police Force by issuance of a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') on 20th November, 1985. The Land Acquisition collector by his award dated 20th March, 1986, determined the marked value of the acquired land at a flat rate of Rs. 80,000/- per acre. The District Judge, on reference under Section 18 of the Act at the instance of landowners, has categorised the land into two belts. The land up to a depth of 60 yards abutting the main Chandigarh-Ambala Road has been evaluated at the rate of Rs. 1,67,000/- per acre whereas the land beyond 60 yards 'depth has been given the valuation of Rs. 1,50,000/-per acre.
(3.) The landowners, aggrieved against the award of the District Judge, have filed appeals referred to above for enhancement in the amount of compensation whereas the Union of India and Union Territory, Chandigarh has filed cross-appeals for reducing the amount. The District Judge has prepared a chart of the sale deeds which is given below:- S.No. No. of Village where Date of Area sold Sale Avg. per Exh. sold out land sale. out. Price acre Rs. is situated Rs. -X-X-X--X-X--X-X-X--X-X--X-X-X-X--X-X--X-X-X-X-X-X-X-X-X-X-X-X-X-X-X-XX- 1. Ex.P-12 Burail 10.1.86 12 M 20,000/- 2,60,667/- 2. Ex.P-13 Hallo Majra 15.2.85 6 Biswa -do- 3,20,000/- 3. Ex.P-14 Jhumru 12.6.85 7K6M 1,50,000/- 1,64,527/- 4. Ex.P-15 Behlana 3.11.86 10 M 1,45,000/- 23,20,000/- 5. Ex.P-17 Hallo Majra 21.6.84 0-14 48,500/- 18,68,592/- Biswa 6. Ex.P-18 -do- 15.2.85 0-10 32,000/- 3,07,200/- Biswa 7. Ex.P-21 Burail 24.8.82 4K8M 3,74,000/- 6,81,760/- 8. Ex.P-22 -do- 2.6.82 2K 5M 1,62,000/- 5,79,000/- -X-X-X--X-X-X-X-X-X-X-X-X-X-X-X--X-X-X-X--X-X-X-X-X-X-X-X-X-X--X-X-X-XX A perusal of the aforementioned chart makes it clear that the sale deeds pertaining to the sale of land in Hallo Majra are Exhs. P-13, P-17 and P-18. By virtue in other sale deeds, lands situated in villages Burail, Jhumru and Behlana were sold. The learned District Judge while evaluating the acquired land has primarily relied upon Exh.P-19, another award given by the predecessor Shri J.S. Sekhon (as he then was). It may be noted at this stage that vide Ex.P-19, this very land measuring 24 acres, situated in Hallo Majra, was evaluated at a flat rate of Rs. 1,67,000/- per acre. The learned District Judge, however, while creating two belts in the present case followed his own award in which he had created two belts, while dealing with this very acquisition on an earlier occasion.;