N.C. Jain, J. - (1.) THIS judgment of mine would dispose of R.F.A. Nos. 1680, 1687, 1768 to 1777 of 1991, 3995 of 1992 filed by the landowners -claimants for enhancement of the amount of compensation and R.S.A. Nos. 1790 to 1802 of 1991 filed by the State of Punjab for reduction of the amount of compensation granted by the Additional District Judge as they arise out of a common award dated 29.4.1991.
(2.) LAND measuring 29.68 acres (141 Bighas 19 Biswas) situated in village Bathinda was acquired for a public purpose, namely, for setting up of N.F.L. Colony by National Fertilizers Limited, Bathinda, Tehsil and District Bathinda, by the State of Punjab, vide Notification dated 24.1.1983, issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'). The Collector by his award dated 19.3.1986 classified the land in three categories and assessed the market value of the acquired land at the following rates: - Nehri @ Rs. 57,800/ - per acre, Barani @ Rs. 24,150/ - per acre, Gair Mumkin @ Rs. 24,150/ - per acre. The landowners feeling dissatisfied with the award of the Collector, sought references under Section 18 of the Act. The Additional District Judge on reference has determined the market value of the acquired land at the rate of Rs. 32.50 per sq. yard. In order to decide whether the view of the Additional District Judge is correct and whether the landowners are entitled to more or less compensation than the one which has been granted by the Additional District Judge, it is necessary to have a look at the evidence produced on the record of the case.
(3.) AW -1 Roshan Lal, Patwari, Halqa Bathinda Patti Jhuti who prepared the Aks Lattha Exh. Al, stated that he has shown the land in question in Aks Lattha Exh. Al in light Mehroon Colour which is encircled as Bl, B2, B3 and B4. He further stated that the land was acquired for the expansion of the National Fertilizers Limited, Bathinda, for its township. He further stated that the acquired land was situated on National Highway leading from Bathinda to Ferozepur via Goniana and was within municipal limits for the last about 10 years (statement recorded on 15.11.1990). The land, according to him, was surrounded by many industrial concerns, residential houses, N.F.L. Colony, Sucha Singh Colony, Amar Singh Colony, Kheta Singh Colony, Mandir Colony etc. The colony of Punjab State Electricity Board was in existence before the notification. He further stated that the habitation of Bathinda town is expanding towards the land in question as all three sides have already been covered. According to him, Bathinda town developed rapidly after the thermal plant came into being. Bathinda was having a population of five lacs. On the Eastern side of Bathinda town there is Military cantonment which is the biggest cantonment in Asia, towards the West of the land there is a Railway Station which is biggest station in India. He further stated that distance between the acquired land and the Railway Station was about 4 K.Ms., and that the over bridge near Khalsa School was one K.M. away from the Railway Station. The existence of Bawa Biscuits Factory and other Industrial concerns towards the North of the acquired land was also deposed to by this witness. On the Southern side of the acquired land there existed I.T.I., Milk Plant, Punjab Spinning and Weaving Mills, Engineering College etc. Village Gill Patti is about 4 K.Ms. from the acquired land. N.F.L. Colony, according the him was fully developed before the acquisition of the land in question. In the cross -examination this witness could not say whether Municipal Limits covered the acquired land at the time of acquisition. He was constrained to admit that the colonies as stated in the examination -in -chief except N.F.L. Colony falls within the area of 1 to 1 -1/2 K.Ms. from the acquired land. While specifying the exact distance of the colonies so mentioned in the examination -in -chief he stated that Amar Singh Colony was at a distance of 1 -1/2 K.Ms. Sucha Singh Colony at a distance of 1 K.M., Kheta Singh Colony at 2 K.Ms. and Mandir Colony at a distance of 1/2 K.M. The aforementioned colonies were situated in fields which were construed prior to the acquisition of the land according to him. He could not give the number of houses of the aforementioned colonies. He also could not specify the number of persons residing in the colonies. He was constrained to admit that the acquired land was agricultural in nature at the time of acquisition. He was specifically asked about the price of the acquired land, but he could not give the price of the land at the time of notification. He further admitted that the acquired land was low lying area. The distance between the acquired land and bus -stand was given as 4 K.Ms. He further stated that some of the land opposite to lake near the Thermal Colony was water logged. Some of the land adjoining the main road is water logged. About 10 acres of land was purchased by the employees of the N.F.L. for building their residential houses on cooperative basis, but he could not tell the date of purchase. This witness further stated that the employees have got the earth work done on their plots of 10 acres. On the date of giving the statement no house has been constructed, but there were houses adjoining the Colony. He further stated that from Thermal Colony upto the acquired land no industrial unit has come except Kartar Singh Colony as shown in the map. No other residential building has come up from the acquired land upto Thermal Colony. Kartar Singh Colony, according to him is comprised of 4 -5 houses which were owned by some brothers and their menial servants. The land adjacent to Kartar Singh Colony was also owned by these brothers who owned Kartar Singh Colony. They had sold 15 Killas of land for the construction of a Private Colony, but rate was not known. One gas factory in front of the gate of the Thermal Plant was constructed after 1984 according to this witness, but he could not tell about the price of the land. He further stated that the distance of factories on the Malout road and Sibian road are within a radius of 6 K.Ms. from Bus Stand, Bathinda. He further stated that some area adjacent to lake is water logged. The distance between the acquired land from Thermal Plant is about 1 -1/2 Kms. by road. He further stated that the National Highway from Bathinda to Ferozepur has been raised by 6 to 7 feet about four years ago and the acquired land abutted on this Highway. AW -2 Partap Singh is the Sarpanch of Village Gill Patti. He also deposed about the potentialities of the acquired land. In particular he has deposed about the existence of Thermal Plant which started functioning in 1972 -73, air conditioned hotels, like Punj Rattan and Cinemas near the acquired land. He further deposed that the rate of the acquired land at the time of acquisition was Rs. 450/ -per sq. yards. In cross -examination he was constrained to admit that Cinemas were situated at a distance of about 2/2 -1/2 Kms. from the acquired land. The existence of a canal in between the acquired land and Bathinda town has also been admitted. He has further admitted that bus stand was at a distance of about 4 Kms. from the acquired land. He admitted that he neither purchased nor sold any land at the rate of Rs. 450/ - per sq. yards. AW -3 Sukhwinder Singh, Patwari, Halqa Sibian stated that village Gill Patti was in his Halqa and that he prepared AKs Lattha Ex. A2. According to him the boundary of village Gill Patti adjoins the boundary of Bathinda. In cross -examination he could not tell the location of the acquired land in the site plan. He could not tell the date when the factories, shown by him in the plan, came into existence. He admitted that he prepared the site plan by sitting in Patwar Khana according to record. AW -4 Kuldip Kumar, Building Clerk, M.C. Bathinda, deposed that limits of Bathinda municipality were extended in the year 1977 vide notification Exh. A -3. His statement was not referred for any other purposes by the learned counsel for the parties. AW -5 Sohan Lal, Draftsman was also referred to in order to contend that the acquired land was within Municipal Limits since 1977. His statement regarding potentialities of the land is on the same lines with the statements of the other witnesses. AW -6 Natha Singh is the Lamberdar of village Bathinda. He stated that the price of the acquired land in the year 1982 was Rs. 500 to 600/ - per sq. yard and that habitation of Bathinda city was expanding towards the acquired land. He has also deposed about the potentialities of the acquired land at the aforementioned rate. In cross -examination he could not tell about any transaction having taken place at the aforesaid rate. He could not give the rate at which the land was purchased by the N.F.L. employees Housing Co -operative Society, near the acquired land. AW -7 Mahant Sarupa Nand stated that he was Mehant and Mohatmim of Dera Tap, Bathinda, and was living there for the last about 40 years. He deposed about the acquired land in the same manner as deposed by the other witnesses. He stated that out of the acquired land 70 to 80% of the land was owned by him i.e. Dera Tap. According to him, Thermal Plant started generating power in full swing in the year 1973 -74. Thousands of acres of land was acquired for N.F.L. Thermal Plant and its colony is towards the acquired land at Bathinda. The lands of village Gill Patti and Sibian were also acquired according to him, alongwith the land of Bathinda for N.F.L. The land in question was situated on National Highway which is about 100 ft. wide metalled road of Bathinda city. The acquired land came in the municipal limits of Bathinda before the acquisition. The octroi post of municipal committee was constructed as a distance of 1 Km. ahead of the acquired land towards village Gill Patti according to this witness. The existence of petrol pump according to this witness was also near the acquired land. He has further stated about the development regarding the Industries, Shopping Centres and residential colonies across village Gill Patti towards Sibian side which was ahead of the acquired land. He further stated that there were many other colonies around the acquired land like Modern Colony of Thermal Plant. Sucha Singh Numberdar Colony, Kheta Singh Colony, Mandir Colony. He has deposed that compensation for acquisition of land of different villages for Bathinda Cantonment was granted at the rate of Rs. 17/ - per sq. yard. He further stated that after the acquisition of land in Bathinda less land was left in Bathinda. Compensation for the acquisition of land for over bridge & widening of Bhagu road had been fixed at the rate of Rs. 450/ - per sq. yard. He has further stated that compensation at the rate of Rs. 176/ - per sq. yard was fixed for the acquisition of land for Municipal Park. The acquired land was stated to be better than the land acquired for railway over bridge and Municipal Park in his view. Development of Bathinda town, according to this witness, had already crossed village Patti. In cross -examination he was constrained to admit that Sucha Singh Colony, Amarpura Colony, Mandir Colony, were not approved Colonies. He further admitted that there was a canal between the acquired land and Bathinda town and that the acquired land was situated at a distance of half kilometer from the said canal. He has further admitted that hotels cinemas and other commercial establishments were situated towards Bathinda town from the said colony. The distance of the acquired land and bus stand Bathinda has also been admitted about 4 -5 K.Ms. He has further admitted that the land acquired for Railway over bridge, Municipal Park, Bhagu road etc. was towards city from the canal and that there was scattered residential accommodation around the aforesaid railway over bridge. He could not tell about any sale transaction having taken place at the rate of about Rs. 450/ - per sq. yard near the acquired land at the time of acquisition. He has admitted that the acquired land was agricultural at the time of notification out of which some was Barani and some was Nehri. RW -1 Basant Singh, Patwari, produced Aks Shajra Exh. Rl showing the acquired land in red. He produced sale deed Exh. R2 to R11. He admitted in cross -examination that more than 600 acres of land was acquired prior to the acquisition of the present land. The factum of acquired land being within municipal limits before acquisition has also been admitted. It was also admitted that the lands belonging to village Sibian and Gill Patti were also acquired. It was also admitted that the land opposite the acquired land was acquired for the installation of N.F.L. plant upto Sibian road. The land comprising in Khasra No. 448 was stated to be under water logging. RW -2 Harminder Singh, Assistant Foreman (Civil) deposed that he was working as Civil Engineer in N.F.L. Bathinda and that he prepared the site plan showing the acquired land and the G.N.D.T.P. Colony and distance thereof. He deposed that from the G.N.D.T.P. boundary wall upto the acquired land the area was low lying and water logged. He further stated that the acquired land shown in red colour in the site plan was low lying and to make it worthwhile the ash put thereon was covered with the earth by incurring expenditure by the N.F.L. to the tune of Rs. 5 -1/2 lacs. The details of the expenses was shown in Mark -A. He did not dispute in cross -examination about the potentialities of the acquired land regarding which reference has already been made above. RW -3 B.K. Sharma, Assistant Engineer (Mechanical) an employee of the N.F.L. stated that he was member of the N.F.L. Employees Cooperative Society. He further stated that the Society had purchased 15 acres of land in the year 1980 which is shown in plan Exh. RW2/A. The land according to him, was purchased by the Society at the rate of Rs. 36,000/ - per acre. He produced certified copies of sale deeds Exh. RW3/1 -4, but he did not produce the original sale deed. He has produced two agreements of sale Exh. AX and AY upon which reliance has been made by the learned Additional District Judge.;