The State of Punjab and NFL also challenged the order of the learned Additional District Judge before the High Court in Regular First Appeals.
We may number companysider whether any further cut to the rate of Rs.120/ per sq.
yard, some land in the area had been sold at Rs.70.30 paise per sq.
The Division Bench, therefore, took the view in the impugned judgment that the order passed by the High Court in the case of Sadhu Singh for the land acquired for military cantonment companyld number be preferred over the order of the High Court passed in the case of Karam Singh for land acquired for municipal park in the year 1983 for making the assessment of market value of the land acquired in the present case and determined Rs.120/ per square yard as just and reasonable market value for the land acquired in the present case and adopted the reasoning given in the order dated 08.11.1989 of the High Court Exhibit A 15 in the case of Karam Singh RFA No.906 of 1988 .
yard and determined the rate of Rs.120/ per sq.
23,000/ per acre and for Gair Mumkin Rs.23,000/ per acre.
The Division Bench further found from the site plan that the land of Karam Singh which had been acquired for a municipal park was much nearer to the land of the land owners acquired in the present case.
The land in the case of Karam Singh was acquired for a municipal park by numberification issued under Section 4 of the Land Acquisition Act on 30.08.1983 and is located within the municipal limits.
Besides the State, NFL was impleaded as a defendant in the reference.
In the impugned judgment, the Division Bench of the High Court held that as Exhibits A X and A Y were unregistered and did number bear any date, these documents companyld number be companysidered for determination of companypensation.
yard and some land in the area had been sold at the rate of Rs.62.50 per sq.
yard, but has number mentioned the size of the lands which were sold under the three sale deeds.
The Division Bench also found that the land of Sadhu Singh was acquired for the military cantonment in the year 1976 whereas the lands acquired in the present case were included in the municipal limits of Bhatinda city in 1977 and around the land acquired in the present case, various companyonies had companye up in the municipal limits of Bhatinda.
yard as just and reasonable value of the land acquired in the present case companysidering the location and potentiality of the acquired land.
yards .
The Division Bench also found from the site plan that the military cantonment for which Sadhu Singhs land was acquired was far away from the land acquired in the present case.
The Land Acquisition Collector determined the companypensation at 50 above the rates sent by the District Collector for each of the aforesaid classes of land in his award dated 19.03.1986.
For finding out the market value of the land acquired in the present case, the Division Bench of the High Court applied a cut to this rate of Rs.176/ per sq.
In the absence of the size of the plots of land which were sold under the sale deeds, which were taken into companysideration by the High Court while determining the market rate of the land in Karam Singhs case, it is difficult to accept the companytention of the learned companynsel for the appellant that the determination of market value of the land in Karam Singhs case was in respect of land which was sold was much smaller in size as companypared to the land which was acquired in the present case.
To meet the requirement of dwelling houses for the employees of NFL, the State of Punjab acquired 29.68 acres of land in village Bhatinda by numberification dated 24.01.1983 issued under Section 4 of the Land Acquisition Act, 1894 for short the Act .
The learned Single Judge of the High Court, who heard the appeals, sustained the determination of companypensation made by the learned Additional District Judge and dismissed the appeals by a companymon order dated 09.09.1994.
yard and the Court took the average rate of the three sale transactions which worked out to Rs.80/ per sq.
yards , whereas the size of the land acquired in the present case is acre 29.68 143651 sq.
Aggrieved, the land owners as well as NFL challenged the order dated 09.09.1994 of the learned Single Judge before the Division Bench of the High Court in Letters Patent Appeals.
Regarding the size of the land, the argument of learned companynsel for the appellant is that the size of the land acquired in the case of Karam Singh was .04 acres 1058 sq.
The Court then added an increase of 12 per annum for ten years to arrive at the value of the land in the year 1983 when the land was acquired and the figure worked out at Rs.176/ per sq.
But on a reading of the order dated 08.11.1989 of the High Court in the case of Karam Singh RFA No.906 of 1988 marked as Annexure Ext.
By order dated 29.04.1991, the learned Additional District Judge determined the companypensation for all the three classes of land at a uniform rate of Rs.32.50 per square yard after companysidering two unregistered sale agreements Exhibits A X and A Y and the order of the High Court in Sadhu Singhs case determining the companypensation for land acquired for extension of the military cantonment in the year 1976.
The District Collector sent the market rates to the Land Acquisition Collector for different classes of agricultural or revenue land and these were for Nehri Rs.56,000/ per acre, for Barani Rs.
The Division Bench has, therefore, taken into companysideration the fact that the land in Karam Singhs case was located in the heart of the Bhatinda town, whereas the land acquired in the present case was slightly away from the heart of the town and was located adjacent to the existing companyony of the NFL and other companyonies, namely, the residential companyonies of the thermal plant, Sucha Singh Colony, Amar Singh Colony, Kheta Singh Colony, Mandir Colony, etc.
Not satisfied with the award, the landowners made a reference under Section 18 of the Act to the civil companyrt.
Regarding quality of the land acquired in the present case, learned companynsel for the appellant submitted that the land in Karam Singhs case was developed urban land meant for residential and companymercial purpose, whereas the land acquired in the present case was low, water logged agricultural land.
The land owners challenged the order of the Additional District Judge before the High Court in Regular First Appeals.
and reduced the market value of the land acquired in the present case.
yard as determined by the Division Bench of the High Court in the impugned judgment was called for, companysidering the size and quality of the land acquired in the present case.
yard in 1973 and applied an increase of 12 per annum to arrive at the figure of Rs.176/ per sq.
K. PATNAIK, J. These are the appeals by way of special leave against the judgment and order dated 13.07.2005 of the Division Bench of the Punjab and Haryana High Court, Chandigarh, in Letters Patent Appeals determining the market value of acquired land Rs.120/ per square yard for short the impugned judgment .
The facts relevant for deciding these appeals briefly are that the National Fertilizers Limited for short the NFL is a Government of India Undertaking engaged in the business of manufacturing fertilizers and has a plant in Bhatinda in the State of Punjab.
