1 RFA-3071-2005(O&M) and other connected cases 283 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA-3071-2005(O&M) and other connected cases Date of decision: 25.02.2025 Gurdeep Singh ..Appellant Versus Land Acquisition Collector and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Ms. Gurnam Kaur Turka, Advocate for appellants in RFA-3071, 3072, 3073 of 2005 Mr. Satish Saini, Advocate for appellants in RFA-3122-2005 Mr. Shrey Goel, Advocate for the appellants in RFA-799 to 804 of 2006, 1232 to 1241, 2633, 2634 and 3836 of 2006 Mr. Vibha Tewari, AAG, Haryana ANIL KSHETARPAL, J. (Oral) 1. With the consent of the learned counsel representing the parties, a batch of 23 appeals (details whereof are at the foot of the judgment) shall stand disposed of by this common order. 2. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘1894 Act’) proposing to acquire 8.73 acres of land for construction of Bainten Nallah drain was issued on 24.05.2001. Ultimately, the Land Acquisition Collector (hereinafter referred to as ‘LAC’) offered to pay Rs.2,50,000/- alongwith all statutory benefits. On applications filed under Section 18 of the 1894 Act, the matters were Rekha Sihag 2025.03.18 12:42 I attest to the accuracy and integrity of this document Chandigarh 2 RFA-3071-2005(O&M) and other connected cases referred to the Reference Court (hereinafter referred to as ‘RC’) which have been dismissed. 3. The crucial date for assessing the market value of the acquired land is 24.05.2001. First part of Section 23(1) of the 1894 Act provides that market value of the acquired land is to be determined on the date when the notification under Section 4 was published. 4. The landowners have produced the following sale instances:- Ex.No. Date Amount in sale deed Price of 1 acre of land as per corresponding sale deed Ex.P1 06.10.1994 10 marlas for Rs.56000/- 56000x160=8,96,000/- Ex.P1/A 10.05.1999 14 marlas for Rs.63,000/- Price of 14 marlas Rs.63000/- Price of 1 marla 63000/14=4500 Value of 1 acre 4500x160= 7,20,000/- Ex.PW2 16.12.1995 17 marlas for Rs.1,92,000/- Price of 17 marlas Rs.1,92,000/- Price of 1 marla 192000/14=11294 Value of 1 acre 11294x160= 18,07,040/- Ex.PW2 /A 01.02.1995 10 marlas for Rs.56,000/- Price of 10 marlas Rs.56000/- Price of 1 marla 56000/10=5600 Value of 1 acre 5600x160= 8,96,000/- Ex.PW6 /A 31.3.1997 8 marlas for Rs.30,000/- Price of 8 marlas Rs.30000/- Price of 1 marla 30000/8=3750 Value of 1 acre 3750x160= 6,00,000/- 5. In oral evidence, the landowners examined the following witnesses:- Rekha Sihag 2025.03.18 12:42 I attest to the accuracy and integrity of this document Chandigarh 3 RFA-3071-2005(O&M) and other connected cases PW1 Mangti Devi PW2 Mela Singh PW3 Jaswant Singh PW4 Gurdial Singh PW5 Jeet Ram PW6 Khem Singh PW7 Randhir Singh 6. On the other hand, RW1 Dharamvir SDO was examined and the following documents were produced:- Ex.R1 Report Ex.R2 Copy of judgment dated 11.8.2003 Ex.R3 Site plan Ex.R4 Copy of sale deed dated 16.4.1999 7. The RC held that the landowners have failed to prove that the market value of the acquired land was more than the amount awarded by the LAC. It was found that all the exemplar sale deeds produced by the landowners are with respect to very small plots, which are ordinarily not sold for agricultural purposes. EX. PW2 is a sale instance of 17 marlas plot. The total area of plot comes to be 510 sq. yards. The total area of an acre of agricultural land in the States of Punjab and Haryana is 4840 sq. yards. 8. Per contra, the State counsel has produced sale deed dated 16.04.1999 with respect to 4 kanals plot (½ acre) sold for Rs.48,000/-. The per acre price comes to Rs.96,000/-. This sale deed was executed on 16.04.1999. The LAC has already awarded Rs.2,50,000/-. 9. Learned counsel representing the landowners have argued that the Collector’s rate could not be made the basis to award the market value. They submit that actual market value is more than the Collector’s rate. Rekha Sihag 2025.03.18 12:42 I attest to the accuracy and integrity of this document Chandigarh 4 RFA-3071-2005(O&M) and other connected cases 10. This Court has considered the submissions made by the learned counsel representing the parties. 11. It was for the landowners to prove that the market value of the acquired land was more than what was awarded by the LAC. Onus lay on them to prove that the amount offered by the LAC was less than the market value. They have produced exemplar sale deeds, however, these sale deeds are with respect to parcels of land which are not comparable with the acquired land. Admittedly, the acquired land was agricultural land, which was acquired for construction of a drain. The RC has not relied upon the Collector’s rate. The RC has only upheld the award passed by the LAC. 12. There is no material to show that the exemplar sale deed Ex.R4 was undervalued. 13. Keeping in view the aforesaid facts and discussion, no ground to interfere is made out. 14. Hence, dismissed. 15. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 25.02.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Sr. No. Case No. Appellant(s) Respondent(s) 1. RFA-3071-2005 GURDEEP SINGH LAND ACQUISITION COLLECTOR AND ORS. 2. RFA-3072-2005 BALDEV SINGH LAND ACQUISITION COLLECTOR AND ANR. 3. RFA-3073-2005 GURMEET KAUR AND LAND ACQUISITION COLLECTOR AND ANR. Rekha Sihag 2025.03.18 12:42 I attest to the accuracy and integrity of this document Chandigarh 5 RFA-3071-2005(O&M) and other connected cases ORS. 4. RFA-3122-2005 MANGTI DEVI & ORS STATE OF HARYANA AND ANR. 5. RFA-799-2006 SHAMSHER SINGH LAND ACQUISITION COLLECTOR AND ORS. 6. RFA-800-2006 CHUHRA AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 7. RFA-801-2006 MAKHTUL SINGH LAND ACQUISITION COLLECTOR AND ANR. 8. RFA-802-2006 AJIT SINGH AND ANR. LAND ACQUISITION COLLECTOR AND ANR. 9. RFA-803-2006 DILBAG SINGH AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 10. RFA-804-2006 BALBIR SINGH AND ANR. STATE OF HARYANA AND ANR. 11. RFA-1232-2006 KALI RAM AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 12. RFA-1233-2006 CHUHRA AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 13. RFA-1234-2006 JAI SINGH AND ORS. LAND ACQUISITION COLLECTOR AND ANR 14. RFA-1235-2006 GIAN SINGH LAND ACQUISITION COLLECTOR AND ANR. 15. RFA-1236-2006 KAHAN SINGH AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 16. RFA-1237-2006 GULZAR SINGH AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 17. RFA-1238-2006 KAHAN SINGH AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 18. RFA-1239-2006 RANJIT SINGH AND ANR. LAND ACQUISITION COLLECTOR AND ANR. 19. RFA-1240-2006 JAI SINGH AND ORS. LAND ACQUISITION COLLECTOR AND ANR. 20. RFA-1241-2006 HARVINDER SINGH AND ORS. LAND ACQUISITION COLLECTOR AND ANR 21. RFA-2633-2006 CHUHRA AND ORS LAND ACQUISITION COLLECTOR AND ANR. 22. RFA-2634-2006 DILBAG SINGH AND ORS LAND ACQUISITION COLLECTOR AND ANR Rekha Sihag 2025.03.18 12:42 I attest to the accuracy and integrity of this document Chandigarh 6 RFA-3071-2005(O&M) and other connected cases 23. RFA-3836-2006 DHARAM SINGH LAND ACQUISITION COLLECTOR AND ANR. (ANIL KSHETARPAL) 25.02.2025 JUDGE rekha Rekha Sihag 2025.03.18 12:42 I attest to the accuracy and integrity of this document Chandigarh