Gulbir Kaur vs State of Punjab

V.K. Bali, J. (Oral)

By this order, I propose to dispose of two connected Regular First Appeals bearing No. 1591 of 1979 preferred by the claimant for further

enhancement and RFA No. 2188 of 1979 preferred by the State of Punjab in which obvious prayer is to reduce the compensation assessed by the

learned Addl. District Judge, Ludhiana.

Brief facts of the case reveal that land measuring 723.98 acres at village Jamalpur Awana, District Ludhiana, was notified for acquisition.

Notification under Section 4 of the Land Acquisition Act, was issued on December, 19, 1973. The Land Acquisition Collector vide his award

dated March 31, 1976 assessed the market value of the acquired land, insofar as the same was beyond 100 Karams from the road, @ 39,400/

per acre and the land abutting the main road and to a distant of 100 Karams was assessed at Rs. 42,400/ per acre. Aggrieved of this award, the

claimant, who is desirous of getting more compensation, made a reference under Section 18 of the Land Acquisition Act. The matter came up for

ultimate decision before the learned Addl. District Judge, Ludhiana, who, vide his orders dated February 5, 1979 assessed the market value of the

land, insofar as the same was beyond 100 Karams from the main road, at Rs. 72,600/ per acre whereas the land abutting the road upto a distance

of 100 karams was assessed at Rs. 96,800/ per acre. As mentioned above, both, the claimant and State have filed appeals, subject matter of

decision herein.

From the evidence that was recorded by the learned Addl. District Judge, a firm finding of fact came to be recorded that the land in dispute is

within the municipal limits of a fast developing industrial centre falling in the close proximity of Ludhiana City and a big Poultry farm was already

established in the land, subject matter of acquisition, way back in 1968. It may be mentioned at this stage that this Poultry farm too has been

acquired and the same belonged to the claimant herein. However, with regard to the said acquisition, a separate award has been given by the Land

Acquisition Collector. The acquisition of Poultry farm and compensation allowed with regard to the same is subject matter of separate appeal

which shall be disposed of separately. As mentioned above, the claimant herself was running a Poultry farm in the name of Punjab Poultry Farm,

which was registered with the Director of Industries, Punjab. It also came into evidence that a big machinery was fixed in this Poultry farm and that

the building of Poultry farm had electricity and water connections. From the attending circumstances that came to be noticed by the learned Addl.

District Judge on the basis of evidence led by the parties, it could not be disputed that the land had a potential of being developed into an industrial

area.

The claimant, with a view to get proper enhancement, relied upon seven sale instances, details whereof have been given in the judgment and the

same are as follows :

Sr. No.

Ex.

Date of Sale deed

Area sold

Consideration

Sale price per acre.

1.

A2

8.10.71

37K17M

2,90,000/

61294/

2.

A3

28.4.71

11731/3 S.Y.

41067/

169278/

3.

A4

16.10.73

200 Sq.Y.

6000/

145200/

4.

A5

16.10.73

322 Sq.Y.

9660/

145200/

5.

A6

20.4.71

3217/9 S.Y.

11270/

169400/

6.

A7

16.10.73

1345/6 S.Y.

4000/

143586/

7.

A1

21.10.73

3K8M

39000/

91765/

Learned Addl. District Judge relied upon sale instances, Ex. A1 and A2 and after returning a finding that there was evidence to show that prices

were escalating every year, fixed the compensation, as has been detailed above.

Insofar as State appeal is concerned, the only contention of Mr. Masih, learned Assistant AG, Punjab, is that no reliance could be placed upon

sale instances, Ex. A1 and A2 as the same were of very small area and if in any case the said instances were to be relied upon, a cut of 1/3rd

ought to have been applied. There is no merit in the sole contention of the learned counsel. Sale instance, Ex. A1 pertains to the year 1973. 3

Kanals 8 Marlas of land was sold for Rs. 39,000/. Sale price per acre comes to be Rs. 91,765/. Insofar as sale instance, Ex. A2 is concerned, it

pertains to the year 1971. 37 Kanals 1 Marla of land was sold for a sale consideration of Rs. 2,90,000/. The sale price per acre comes to be Rs.

61,294/. It cannot be said that this was a sale of very small area. No dent at all could be made in the findings recorded by the learned Addl.

District Judge that the prices were escalating every year. As mentioned above, sale instance, Ex. A2 pertains to the year 1971, to be precise,

October 8, 1971. Notification under Section 4, in the present case, was issued on December 19, 1973. Even if, therefore, some cut was to be

applied, considering the escalation in the price and the land being situated within the municipal limits of Ludhiana town, which, as referred to above,

had potentiality of being developed into an industrial area, the market value assessed by the learned Addl. District Judge does not appear to be at

all excessive. On the other hand, the same appears to be totally just and proper. The fact also cannot be lost sight of that none other than the

claimant had developed a biggest poultry farm in Northern India on a part of the land in question. Thee is absolutely no merit in the appeal filed by

the State and the same deserves to be dismissed. So ordered.

Mr. Bindra, learned Senior Advocate, appearing on behalf of the claimant has not been able to point out any evidence that might have not been

considered while evaluating the market value of the land in question. The best instance given by the claimant i.e. Ex. A1 has been relied upon and

accordingly the market value of the land has been assessed. All that could be halfheartedly argued by learned counsel is that the entire land being

held to have potentiality of being converted into an industrial area, there was no justification in making categories and, therefore, the entire land

ought to have been evaluated at the same rate. There is absolutely no merit in this contention as well. It is by now well settled by string of judicial

pronouncements that land abutting the main upto a depth of 100 karams or so, is certainly far more valuable than the land beyond the same. No

infirmity could be found with the reasons recorded by the learned Addl. District Judge in categorising the land in two parts i.e. the one which was

located within 100 karams from the main LudhianaSamrala road and the one which was beyond that. There is no merit in either of these appeals

and the same are dismissed. No costs.

Appeals dismissed.