Punjab-Haryana High Court
Rattan Singh & Anr vs State Of Haryana on 4 July, 2024
220
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA-2078-1998
1998
Date of Decision: July 04, 2024
RATTAN SINGH & ANR. ........Appellants
Versus
STATE OF HARYANA ........Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Jagram Singh Cooner, Advocate for
Mr. B.S. Badhian, Advocate for the appellants.
Mr. Shivendra Swaroop, DAG, Haryana.
****
HARKESH MANUJA,
MANUJA J. (ORAL)
By way of present appeal, challenge has been laid to the
judgment/award dated 07.03.1998 passed by learned Addl. District
Judge, Kurukshetra-cum-reference
Kurukshetra reference Court whereby a reference petition
filed at the instance of appellants-landowners
appellants landowners under Section 18 of Land
Acquisition Act, 1894 (hereinafter referred to as 'the Act") came to be
dismissed.
2. In the present case, 6.32 acres of land situated in village
Sarsa, Hadbast No.17 the then Tehsil Kaithal and District Kurukshetra
was acquired by respondents vide notification dated 08.03.1982 issued
under Section 4 of the Act followed by notification dated 25.02.1985
issued under Section 6 thereof. The acquisition was made for
construction of Dhand-Kurukshetra road
oad to village Sarsa (extension of
berm). The award under Section 11 was announced by the Collector
whereby, the market value was assessed to the following effect:
effect:-
RFA-2078-1998 -2-
"Kind of land Rates per acre allowed
1. Chahi, Ghair Mumkin Rs.20,000/-
Makan, Ghair Mumkin Bara
2. Ghair mumkin Garha Rs.16,000/-
Khad and Tatian
3. Ghair Mumkin Johar. Rs.8,000/-"
3. Aggrieved thereof, the appellants-landowners invoked
Reference under Section 18 of the Act claiming enhancement of
compensation to Rs.1,00,000/- per acre besides claiming certain
compensation for kotha etc. The Reference Court-cum- Addl. District
Judge, Kurukshetra vide decision dated 07.03.1998 dismissed the claim
filed at the instance of appellants-landowners. Hence, the present
appeal was filed.
4. Learned counsel for the appellants-landowners submits that
the Reference Court did not take into consideration the documentary
evidence produced on behalf of the appellants-landowners, in the
shape of two sale deeds Ex. P1 and P-2 (dated 04.07.1979 and
01.05.1981) whereby, 13 marla bara were sold for Rs.18,000/- and
Rs.13,000/- respectively. He further submits that the Court below could
have considered the aforementioned two sale deeds by applying some
development cut thereupon while determining the compensation.
5. On the other hand, prayer made herein has been opposed
at the instance of learned State counsel while submitting that no
illegality or perversity could be found with the findings recorded by the
Reference Court which went on to rely upon sale deed Ex.R-1 dated
25.03.1981, relating to the appellant-landowners themselves whereby,
certain land
RFA-2078-1998 -3-
was purchased by them within the revenue estate of Village Sarsa and
a portion of it even formed part of present acquisition and thus, the
impugned award warrants no interference.
6. I have heard learned counsel for the parties and gone
through the paper-book. I am unable to find substance in the
submissions made by learned counsel for the appellants-landowners.
7. In the present case, no fault can be found with the
reasoning recorded by the Reference Court which relied upon sale
deed Ex.R-1 dated 25.03.1981 pertaining to 7 kanals of land purchased
by the appellants themselves for a sum of Rs.14,000/- especially when
some portion of it was even acquired vide this very notification dated
08.03.1982. Furthermore, the two sale deeds Ex.P-1 and P-2 as relied
upon by the appellants-landowners herein, cannot be looked into, the
same being with respect to the baras which of course are situated
abutting abadi deh of the village and are always having much more
value, considering the utility attached thereto.
8. In such circumstances finding no illegality or perversity with
the award dated 07.03.1998 passed by the Reference Court, the
present appeal being devoid of merits is thus dismissed.
04.07.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
