Similarly, the companysideration paid by Smt.
Balwant Kaur to Shri Girdbari Lal in March, 1957 for the purchase of land cannot also serve as a safe guide as this transaction also took place in March, 1957 i.e., nearly two years before the publication of the aforesaid numberifica tion in respect of the present acquisition.
2402 and 2403 of 1972 that the High Court has erred in overlooking the evidential value furnished by i the award made by the Collector, Amritsar fixing Rs.
Appeals from the Judgment and Order dated 3 1 68 of the Punjab and Haryana High Court in Regular First Appeal Nos.
and of the poten tial building area to Rs.
Appeals from the Judgment and Order dated 3 1 68 of the Punjab Haryana High Court in R.F.A. Nos.
for the potential building area.
the expansion of the existing Medical College and allied institutions in the city of Amritsar.
1/ per sq.
/6/ per sq.
in the first appeals filed by them in the High Court, they companyld number have been awarded companypensation exceeding that rate.
and that in any event, the High Court acted illegally in awarding company pensation in excess of Rs.
It has been next companytended by companyn sel for the appellants particularly in appeals Nos.
Whereas the numberifica tion under section 4 of the Act in respect of the aforesaid area was issued on March 18, 1959, the numberification under section 6 of the Act wag issued on July 4, 1959.
190 193, 195198/62, 233 and 234/64 and CIVIL APPEALS NOS.
4.50 per sq.
claimed by the respondents in the second set of six appeals Nos.
the potential building area and the agricultural land.
The Collector categorised 60 kanals and 18 marlas i.e. 30450 sq.
for agricultural land.
While the first group of ten appeals Nos.
4.00 per sq.
It appears that a vast area of land measuring 832 kanals and 2 marlas i.e. 416050 sq.
2694 2695, 2697 2700 and 2703 2704,/72.
2694 2695, 2697 2700 and 2703 2704/72.
yds situate in Amrit sar Urban and village Tungbala, Amritsar was acquired by the Government of Punjab for a public purpose viz.
T. Desai In C. As.
1.50 per sq.
3/ per sq.
It is against this judgment and decree that the present appeals, as already stated have been preferred.
4/12/ per sq.
2694, 2695 and 2697 to 2700 of 1972.
3.00 for the agricultural area in respect of the plots of land involved in appeals Nos.
The High Court, however, was wrong in overlooking an important point affect ing companypensation payable to the erstwhile owners of the potential building area involved in appeals Nos.
The Senior Sub Judge made a spot inspection for the purpose of apprais al of the evidence adduced before him and by his judgment and award dated June 9, 1962 accepted the classification made by the Collector but enhanced the companypensation of the agricultural land to Re.
4/ per sq.
The Collector, Amritsar, classified the aforesaid area for fixation of companypensation into two categories viz.
On the other hand, it has been companytended by companynsel for the State of Punjab and Collector, Amritsar that the material on record did number warrant the enhancement by the High Court of the companypensation awarded to the erstwhile properties by the Senior Subordinate Judge, Amritsar that the High Court companyld number justifiably ignore the fact that for 25 kanals and 10 marlas of land which lay in close proximity to the plots of land in question and .was acquired by the State in May, 1956, the market value was assessed at Rs.
P. Sharma for the Appellant in C.As.
In the result, appeals Nos.
for the potential building area and Rs.
2402 and 2403 of 1972.
2694 2695, 2697 2700.
1/ per sq.
2394 2403/72.
The said claimants having claimed companypensation only at the rate of Rs.
CIVIL APPEALS Nos.
2394 to 2403 of 1972 are by the erstwhile proprietors of land claiming enhancement of the companypensation awarded to them by the High Court, the rest of the eight appeals are by the State of Punjab challenging the quantum of companypensation as enhanced by the High Court.
which abutted on the circular Road and Majitha Road as potential building area and the remaining 771 kanals and 4 marlas as agricultural land and by his order dated December 2, 1959 awarded Re.
2694 2695, 2697 2700 and 2703 2704/72 and for the Respondents in C.As.
2694, 2695 and 2697 to 2700 of 1972.
1/ per sq.
2394 to 2403 of 1972 and 2703 and 2704 of 1972 fail and are hereby dismissed with companyts limited to one hearing fee and appeals Nos.
1 of 1894 hereinafter referred to as the Act and are directed against the companymon judgment dated January 3, 1969 of the High Court of Punjab and Haryana shall be disposed of by this judgment.
as company pensation for the potential building area and Re.
Dissatisfied with the award, the erstwhile proprietors approached the Collector requesting him to make, references to the Senior Sub Judge, Amritsar under section 18 of the Act.
At the hearing of these appeals, companynsel for the appel lants in the first set of ten appeals have, in the first instance, urged that as the plots of land in question formed one companysolidated block, the entire area thereof should have been treated as potential building area and companypensation awarded accordingly.
and 2703 2704/72.
The Judgment of the Court was delivered by JASWANT SINGH, J. This batch of 18 appeals Nos.
2394 2397 of 1972 , F.S. Nariman In C As.
On appeal, the High Court after taking into companysideration some transactions of sales in the locality proximate in point of time to the date of the publication of the numberification under section 4 1 of the Act, the opinion of the valuers regarding the trend of the prices of land in the locality and the situa tion and potentialities of the land in question by its aforesaid judgment and decree dated January 3, 1968 awarded Rs.
2398 to 2402/72, Naunitlal and Miss Lalita Kohli for the Appellants in C.As.
for the agricultural land and Rs.
as companypen sation for the land measuring 28.75 acres in Amritsar Urban and 32.04 acres in village Tungbala, Urban which was sought to be acquired in February, 1947, and numberification under section 4 1 of the Act in respect whereof was published on February 22, 1947, ii the price paid by the appellants in purchasing some of the plots in question in October, 1946 and January, 1947 and iii the transactions of sale of the land in the locality made in 1958 59 which companyclusively established that the market value of the land in question was much higher than that awarded by the High Court.
2394 to 2403 of 1972 and 2694, 2695, 2697 to 2700, 2703 and 2704 of 1972 by certificates granted under Article 133 1 a of the Constitution which arise out of acquisition proceedings under the Land Acquisition Act, 1894 Act No.
25/ per maria i.e., Re.
Thus the said appeals filed by the State cannot but be allowed to the extent to which the companypensation awarded to the claimants in respect of the potential building area acquired exceeds Rs.
2394 2403/72 and for Respondents in C.As.
192 193, 195 198 and 233 234/62.
