Rajesh Bindal, J. - (1.) THIS order will dispose of a bunch of 41 appeals, as the same arise out of a common acquisition. RFA Nos. 1865 to 1879 of 1995, 1915, 2038, 2068, 2078, 2118, 2119 of 1995 and 1829 of 1996 have been filed by the land owners seeking further enhancement of the compensation for the acquired land. RFA Nos. 325, 326, 328 to 344 of 1996 have been filed by Union of India for reduction of the amount of compensation awarded to the land owners by the learned court below. The facts have been noticed from RFA No. 325 of 1996.
(2.) BRIEFLY , the facts are that vide notification dated 4.1.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Punjab acquired the land measuring 112 acres, 7 kanals and 10 marlas, situated in Village Rampura, Tehsil Fazilka, District Ferozepur for stationing of 113 Battalion BSF. The same was followed by notification dated 18.1.1990 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide his award determined the market value of land at Rs. 91,425/ - per acre for Banjar land; Rs. 40,000/ - per acre for Nehri land and Rs. 20,000/ - per acre for Barani kind of land. However, learned District Judge, Ferozepur, on reference under Section 18 of the Act, determined the market value of the entire land at Rs. 2,00,000/ - per acre. Learned Counsel for the land owners submitted that while determining the value of the acquired land, the learned court below did not consider the evidence led by them in the form of awards pertaining to the acquisition of land in the vicinity and also various sale deeds produced by them. Reference was made to sale deeds Ex.A -5 to Ex.A -18 and earlier judgment and award pertaining to the acquisition of the land in the vicinity of the acquired land, namely, Ex.A -19 and Ex.A -20. The assessment of value of the land has been made without any basis ignoring the entire evidence. With regard to judgment (Ex.A19), it was submitted that acquisition therein was vide notification dated 9.12.1987 for the purpose of setting up of Grain Market and the market value was assessed at Rs. 64/ - per square feet. The location thereof is merely 3 kilometers from the acquired land which is also situated on the main road leading to Abohar from Ferozepur. The area even in between the two portions of land had been developed as number of industrial units, shops, residences and other establishments were existing. Fish Farm of the Government was just opposite the acquired land on the National Highway. The city was expanding on this side on the National Highway. Even otherwise, the land situated on National Highway always remain in more demand as compared to the land situated behind it or in the city because of better infrastructural facilities there and its connectivity. As far as award (Ex.A20) is concerned, the submission is that the acquisition therein was for the purpose of Jail Garden, which is also not far off from the acquired land as the same is in Fazilka City, where the value of the acquired land therein vide notification dated 11.9.1989 was assessed at Rs. 10,000/ - per marla.
(3.) AS far as sale deeds (Ex.A5 to Ex.A18) is concerned, the submission is that the same have been ignored by the learned court below merely for the reason that the same are for small pieces of land which as such could not be ignored as at the most a reasonable cut could be applied thereon keeping in view the fact that acquisition in the present case was for a big chunk of 112 acres, 7 kanals and 10 marlas of land. However, on a query by the court, learned Counsel for the land owners were candid in their stand that location of sale deeds (Ex.A5 to Ex.A18) and also the land pertaining to judgment (Ex.A20) have not been located on the site plan produced by them on record showing their comparability with the acquired land. Relying upon a judgment of Hon'ble the Supreme Court in The General Manager, Oil and Natural Gas Corporation Ltd. v. : 2008(11)SCALE637 , it was submitted that judgment (Ex.A19) could very well be relied upon as distance is no factor to reject the same once the acquisition is in the vicinity.;