RAKSH KUMAR JAIN,J. - (1.) THIS order shall dispose of four RFA Nos. 759, 1222, 2773 and 1223 of 1986 as the facts and law involved in these appeals are common.
(2.) BRIEFLY stated, 15 acres 4 kanals 17 marlas (i.e. 124 kanals 17 marlas) of land situated in village Kaul was notified under Section 4 of the Land Acquisition Act, 1894 (for short the 'Act') dated 25.6.1984 (published in the official gazette on 26.6.1984) for a public purpose namely for construction of 132 k.v. Sub Station, Kaul. Out of the acquired land, land measuring 102 Kanals 7 marlas was Chahi, land measuring 19 kanals 8 marlas was Nehri, land measuring 1 kanal 9 marlas was Banjar Jadid and remaining 1 kanal 13 marlas of land was Gair Mumkin kotha/tubewell etc. However, at the time of site inspection, it was observed that the entire land was of identical kind, therefore, the Land Acquisition Collector had treated the entire land as Chahi and Nehri for the purpose of assessment of compensation. Vide award dated 17.1.1985, the Land Acquisition Collector compensated the land owners with an amount of Rs. 30,000/- per acre. No tube-well was found in the acquired land and small size saplings of Safeda (Euealyptus) was compensated @ Rs. 5/- per sapling of Safeda and the land-owner were allowed to cut the trees. On reference under Section 18 of the Act, the compensation has been reassessed under Section 23 of the Act @ Rs. 45,000/- per acre on the basis of award Ex.5. Sh. C.B. Goel, Advocate, counsel for the appellants has vehemently argued that Award Ex. P-5 dated 29.3.1985 which has been relied upon by the Court below pertains to notification dated 3.4.1981 issued under Section 4 of the Act in respect of 74 acres of land that has been acquired for strengthening the Regional Research Station, Kaul for research in agriculture. It has been further submitted that the Court below has observed that land which pertains to the notification dated 3.4.1981 was abutting Karnal-Pabnawa Road and was also near Punjab National Bank, Panchayat Ghar, Janta College, Shiv Ji Mandir, Cooperative Bank, Hostel of the Agriculture University and the rest of the University. Counsel for the appellants has referred to the statement of PW-1 Zile Singh, who had also stated that market value of the land in question was not less than Rs. 1,00,000/- per acre as it was situated on Kaul-Pabnawa Road. It is also stated that the new Anaj Mandi was at a distance of 3/4th of a kilometer from the acquired land. Abadi of Kaul was at a distance of half a kilometer from the acquired land and Pehowa-Karnal Road was at a distance of half a kilometer. He has further stated that Pabla road bifurcates from the Karnal-Pehowa Road and there were buildings of Punjab National Bank, Cooperative Bank, Janta College, Bus Stand, University and Research Centre of Haryana Agriculture University.
(3.) IN nutshell counsel for the appellants has argued that as per Ex. P-5, if the value of the land in village Kaul was Rs. 45,000/- per acre on 3.4.1981, then the appellants are entitled to an increase of at least 10% per acre for every year since their land was acquired on 25.6.1984. He has further referred to a decision of Hon'ble Apex Court in Special Land Acquisition Officer, BYDA, Bagalkot v. Mohd Hanif Sahib Bawa Sahib, 2002(2) RCR(Civil) 484 : AIR 2002 SC 1558.;