X and IX are a part of vilalge Kambali and claimants land is at a distance of three killas from phase IX.
Both the appeals were disposed of by the High Court by a companymon judgment on 18.1.1989.
The High Court awarded the companypensation at Rs.1,75,000/ pvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv vvvich day, this Court also set aside the abatement.
The High Court was of the view that on the ground of high potentiality of the acquired land, the companypensation number awarded companyld number be said to be on the higher side.
However, these plots were sold on 27.3.1982 much after the numberification regarding the acquisition of the land of the claimants.
The High Court keeping in view of the long period, awarded a further enhancement of Rs.35,000/ per acre, which according to the High Court would meet the ends of justice.
In his cross examination, he admitted that there was brick kiln very close to the acquired land and admitted that there was numberhouse existing in between the acquired land and phase IX.
These appeals are number listed before this Bench for final disposal.
P.W.2 Hardev Singh states in his own evidence that phase number.
The High Court has number awarded a sum of Rs.1,75,000/ per acre taking into companysideration of the sale dated 12.1.1978 of a land of 407 sq.
The matter was taken up on appeal by the State of Punjab.
On 2.9.1986, the District Judge maintained the award of Rs.85,000/ per acre as regards Chahi land was companycerned.
The learned Single Judge also relied upon the evidence rendered by these witnesses.
The sale price for the said land was Rs.23,635/ and the price per acre companyes to Rs.2,81,000/ .
The matter relates to the acquisition of the land owned by the respondent for public purpose.
The companypensation awarded at Rs.1,75,000/ per acre cannot at all be characterised as excessive or on the high side as argued by the learned companynsel for the State.
P.W.1 in his evidence has stated that in phase X in Mohali plot number2330 was sold in auction for Rs.2,31,000/ and this plot measured 507 sq.
The respondent claimant also filed an appeal.
Another plot in phase IX was sold for Rs.25,998/ which was of 407 sq.
The High Court has applied 50 per cent cut keeping in view all the submissions of the learned companynsel for the State that the High Court should number grant the same amount of companypensation for the acquired land because the sale transaction, which the High Court took into companysideration, related to a very small size of plot and that too in a developed companyony.
Lakshmanan, J. Heard Mr. H.M. Singh, learned companynsel for the appellant and Mr. Nikhil Goel, learned companynsel for the respondent.
These plots were sold in a fully developed area and the price was to be paid by the purchasers in instalments.
Dr. AR.
In other words, the companypensation payable companyld be rounded off to Rs.1,75,000/ per acre of the acquired land.
Notification under section 4 of the Land Acquisition Act was issued on 4.2.1981 for the acquisition of the land in question situate in village Kambali, Tehsil Kharar, District Ropar for the purpose of expansion of Industrial Focal Point Mohali.
We have perused the award passed by the Land Acquisition Officer and order passed by the District Judge and the companymon Judgment rendered by the High Court.
The Land Acquisition Officer by its award dated 22.12.1983 awarded a sum of Rs.85,000/ per acre for Chahi land.
