- (1.) THIS order shall dispose of L. P. A. Nos. 192, 309, 400, 218, 219, 220, 221, 222, 223, 269, 270, 271, 273, 273, 274, 275 of 1987 and 43 of 1994 as common question of law and facts are involved therein. The facts have however, been extracted from L. P. A. 192 of 1987.
(2.) THE land in dispute was acquired by the State of Punjab vide notification dated December 21,1977. The learned Single Judge, after appreciating the evidence and keeping in view the potentiality of the acquired land came to the conclusion that "i consider that Rs. 64,000/- per acre is the appropriate market price of the land abutting Jalandhar-Kapurthala road". It was further observed that "for the acquired portion of the land out of Ex. R-2 @ Rs. 48,000/- per acre, either on the belting basis or on the imposition of 25% cut on Rs. 64,000/- per, acre" would be appropriate market price. We have gone through the judgment as well as evidence produced by the parties. We find no reasons to differ with the conclusion arrived at by the learned Single Judge. Assessment of market value of land abutting the highway @ Rs. 64,000/- per acre to the extent of four acres deep and @ Rs. 48,000/- per acre beyond that is reasonable.
(3.) LEARNED counsel for the appellant vehemently contends that as per sale instance, Ex. A-4, dated January 17, 1977, the average price of the acquired land comes to Rs. 1,20,000/- per acre particular by when this piece of land was at a distance of about one kilometer from the Focal-Point. We find no force in the submission made by the learned Counsel for the appellant for the obvious reason that (i) the sale instance, A-4, represents very small piece of land i. e. one kanal and (ii) the said sale took place only eleven months before the notification under Section 4 when it was well known to everyone in the locality that the entire land was going to be acquired. Be that as it may, after going through Ex.-A-3,a-5, R-8 and R-9, which are the sale-instances of the close vicinity of date of acquisition, we are of the considered view that the rate prevalent was ranging from Rs. 68,760/- to Rs. 64,000/- per acre. Thus, it cannot be assumed that Ex. A-4 represents the true market value of the land in the locality on the date of notification. This piece of land might have been purchased under peculiar facts and circumstances for a higher rate particularly keeping in view the fact that the entire land surrounding it was going to be acquired. Thus, we find no infirmity with the well reasoned judgment passed by the learned Single Judge.;