Harnam Kaur vs Union of India (UOI) and Another

G.C. Garg, J.—Land measuring 579, 1125 acres situated in the revenue estate of village Bhagu, Tehsil and District Bathinda was acquired under the provisions of the Land Acquisition Act (for short "the Act"), for the establishment of cantonment for the Central Government. Notification u/s 4 of the Act was issued on 9.10.1974. It was followed by a declaration dated 10.10.1974, u/s 6 of the Act. The Land Acquisition Collector gave his award on 11.6.1975 and assessed the value of the land as under-

Nehri Chahi and Chahi Rs. 9,000/- per acre 2. Chahi Master Rs. 7,800/- per acre 3. Barani Rs. 6,500/- per acre 4. Banjar/Gairmumkin Rs. 3,840/- per acre 2. Landowners felt aggrieved by the award of the Land Acquisition Collector. They consequently sought references u/s 18 of the Act which were assigned to Additional District Judge, Bathinda. Reference Court by its award dated 16.12.1986 came to the conclusion that the market value of the acquired land at the time of notification u/s 4 of the Act was under:-

Nehri Chahi Master & Chahi : Rs. 20,000/- per acre 2. Barani : Rs. 16,750/- per acre 3. Banjar and Gairmumkin : Rs. 8,375/- per acre. 3. Learned Additional District Judge, however, on a consideration of the matter came to the conclusion that the reference applications were not within time. He consequently dismissed the reference applications with costs. Some of the landowners preferred appeals against the order of the Reference Court. One of such appeals was R.F.A. No. 1046 of 1987, Hamir Singh v. Union of India, decided on 4.10.1988. it was held in that R.F.A. that the reference application u/s 18 of the Act was within time. It also deserves to be noticed at this stage that the land involved in Hamir Singh''s case was also acquired by the same notification and for the same purpose.

As regards the market value of the land, it was conceded by the parties that the matter was covered by another judgment of I.S. Tiwana, J. (as his Lordship then was), in R.F.A. No. 684 of 1980, Kaki Devi v. Union of India and Ors., decided on 29.4.1981. It was also the conceded position that in RFA No. 684 of 1980 also, the challenge was to the same notification. Learned Single Judge thus following thus judgment of I.S Tiwana, J. in RFA 684 of 1980, by its award dated 19.5,1993, determined the market value of the acquired land as under:-

Chahi Master, Nehri Chahi : Rs. 20,000/- per acre (Chahi types land ) Barani : Rs. 1.6,750/- per acre Banjar and Gairmumkin : Rs. 8,375/- per acre. 5. Hence this appeal at the instance of Harnam Kaur, one of the landowners, challenging the award dated 19.5.1993 of the learned Single Judge.

Learned counsel for the appellant submitted that the acquired land had great potential value for industrial and urban growth as the expansion of Bathinda town is towards the acquired land, and this fact stood proved on record by way of evidence. Learned counsel further submitted that the acquired land adjoins the limits of Bathinda City and is situated between Bathinda-Barnala Highway on the one side, and on Bathinda-Ambala Railway Line on the other, and this land forms one compact block with the land of Bathinda town and village Mehna. On the premises of the above submissions, learned counsel submitted that the learned Single Judge ought to have assessed the market value of the acquired land at a higher rate.

After hearing learned counsel for the parties, we are of the opinion that none of the contentions of learned counsel for the appellant has merit. We have gone through the record and find that there is no evidence which may support the contentions of the learned counsel. Apart from it, the parties before the learned Single Judge had conceded that the matter was covered by the judgment in Kaki Devi''s case (supra). It is not disputed before us that the decision in Kaki Devi''s case (supra) has become final, no appeal having been preferred there against. Not only this, even learned counsel for the appellant during the course of hearing could not show that the market value as determined in Kaki Devi''s case (supra) was enhanced.

Learned Additional District Judge while deciding the reference application of the present appellant relied upon the judgment Exhibit A.1 of this Court and determined the market value of the land in accordance with that judgment i.e. RFA No. 684 of 1980. No contention was raised before the learned Single Judge in that behalf nor was any evidence pointed out on the record in support of that submission.

Learned counsel for the appellant further submitted that the authorities below have wrongly assessed the land of the appellant as Barani. According to the learned counsel, the land in question was being irrigated by canal water and, therefore, the same ought to have been treated as Nehri/Chahi land and market value thereof ought to have been assessed accordingly. On a consideration of the matter, we find no merit in this contention as such a contention was never raised on behalf of the appellant before the learned Single Judge. Again no evidence could be pointed out on record in that behalf.

Learned counsel appearing on behalf of the Union of India sought to argue that the appellant has been wrongly granted statutory benefits as per the amended provisions of Section 23(2) and 28 of the Act. According to the learned counsel the appellant is not entitled to these benefits.

On a consideration of the matter, we find no merit in this contention. The Union of India has not challenged the order of the learned Single Judge by preferring appeal or by filing cross-objections. In the absence of appeal or the cross-objections, relief, even if it may be admissible, cannot be granted in the appeal preferred by the landowner. Moreover, Letter Patent Appeal filed by the Union of India in some other connected cases against the award of the learned Single Judge has already been dismissed and that order has attained finality.

In view of the above, we see no ground to interfere with the order of this learned Single Judge. The appeal consequently, fails and is dismissed. No costs.