Partly allowed

Jaswant Kaur v. Punjab State

Punjab & Haryana HC10 Nov 2008RFA/1535/1991

Case brief

AI extract

What is this about?

This order disposed of multiple Regular First Appeals regarding land acquisition for the Patiala Bye Pass. The court enhanced the compensation rate to Rs. 1,67,000 per acre for superiorly located land and directed an increase in severance compensation from Rs. 5,000 to 10% of the total compensation for bifurcated plots.

What did the court decide?

Allowed landowners' appeals for enhanced compensation rate to Rs. 1,67,000 per acre and increased severance compensation to 10% for bifurcated land.

Jaswant Kaur Vs Punjab State — Execution and Attachment | Punjab & Haryana HC (2008)

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R. F. A. No. 1535 of 1991

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In the High Court of Punjab & Haryana at Chandigarh

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1.	Date of decision : 10.11.2008 R. F. A. No. 1535 of 1991
	Jaswant Kaur (deceased) through LRs. and others .... Appellants vs The State of Punjab and another ..... Respondents
2.	R. F. A. No. 274 of 1991
	Shealinder Kumar and another .... Appellants vs
	State of Punjab and another ..... Respondents
3.	R. F. A. No. 361 of 1991
	Shealinder Kumar and another .... Appellants vs
	State of Punjab and another ..... Respondents
4.	R. F. A. No. 362 of 1991
	Shalin Kaintal and others .... Appellants
	vs State of Punjab and another ..... Respondents
5.	R. F. A. No. 363 of 1991
	Shealinder Kumar ..... Appellant vs
	State of Punjab and another .....Respondents
6.	R. F. A. No. 432 of 1991
	Shiv Ram (deceased) through LRs. .... Appellant vs
	State of Punjab and another ....Respondents
7.	R. F. A. No. 891 of 1991
	State of Punjab and another ..... Appellants vs
	Shalinder Kumar and another ..... Respondents
8.	R. F. A. No. 892 of 1991
	State of Punjab and another ..... Appellants
	vs Shiv Ram (deceased) through LRs. ..... Respondent

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	R. F. A. No. 1535 of 1991	2
9.	R. F. A. No. 959 of 1991
	State of Punjab etc. vs	..... Appellants
	Shealinder Kumar and another	..... Respondents
10.	R. F. A. No. 960 of 1991
	State of Punjab and another vs	..... Appellants
	Shealinder Kumar	..... Respondent
11.	R. F. A. No. 1197 of 1991 Cross-objection No. 12/CI of 2003
	State of Punjab and another vs	..... Appellants
	Sadhu Ram (deceased) through LRs.	..... Respondent
12.	R. F. A. No. 1198 of 1991
	State of Punjab and another vs	..... Appellants
	Gurbhag Singh and others	..... Respondents
13.	R. F. A. No. 1199 of 1991
	State of Punjab vs	..... Appellant
	Jaswant Kaur	.....Respondent
14.	R. F. A. No. 1200 of 1991
	State of Punjab and another vs	..... Appellants
	Jaspal Inder Singh and another	.....Respondents
15.	R. F. A. No. 1201 of 1991
	State of Punjab and another vs	..... Appellants
	Harkiran Kaur etc.	.....Respondents
16.	R. F. A. No. 1202 of 1991
	State of Punjab and another	..... Appellants
	vs Kamla Devi and others	.....Respondents

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R. F. A. No. 1535 of 1991

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17.	R. F. A. No. 1203 of 1991 C r oss objection no.74 ci of	2000
	State of Punjab and another Tara Chand (deceased) throu	vs gh LRs. and another	..... Appellants ....Respondents
18.	R. F. A. No. 1204 of 1991
	State of Punjab and another	vs	..... Appellants
	Jaswant Kaur		.....Respondent
19.	R. F. A. No. 1205 of 1991
	State of Punjab and another	vs	..... Appellants
	Kamla Devi		.....Respondent
20.	R. F. A. No. 1206 of 1991
	State of Punjab and another	vs	..... Appellants
	Tripat Kaur		.....Respondent
21.	R. F. A. No. 1207 of 1991
	State of Punjab and another	vs	..... Appellants
	Hamir Kaur		.....Respondent
22.	R. F. A. No. 1208 of 1991
	State of Punjab and another	vs	..... Appellants
	Gian Chand		.....Respondent
23.	R. F. A. No. 1209 of 1991
	State of Punjab and another	vs	..... Appellants
	Gurbag Singh		.....Respondent
24.	R. F. A. No. 1210 of 1991
	State of Punjab and another		..... Appellants
	Jaswant Singh and another	vs	.....Respondents

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	R. F. A. No. 1535 of 1991		4
25.	R. F. A. No. 1438 of 1991
	Jaswant Singh and another	vs	..... Appellants
	State of Punjab and another		.....Respondents
26.	R. F. A. No. 1440 of 1991
	Smt. Tripat Kaur	vs	..... Appellant
	State of Punjab etc.		.....Respondents
27.	R. F. A. No. 1481 of 1991
	Jaspalinder singh and another	vs	..... Appellants
	State of Punjab		.....Respondent
28.	R. F. A. No. 1482 of 1991
	Harkiran Kaur and others	vs	..... Appellants
	State of Punjab and another		.....Respondents
29.	R. F. A. No. 1533 of 1991
	Jaswant Kaur	vs	..... Appellant
	State of Punjab and others		.....Respondents
30.	R. F. A. No. 1534 of 1991
	Smt. Hamir Kaur	vs	..... Appellant
	State of Punjab and others		.....Respondents
31.	R. F. A. No. 1989 of 1991
	Narinder Kumar and others	vs	..... Appellants
	State of Punjab and others		.....Respondents
32.	R. F. A. No. 1990 of 1991
	Narinder Kumar and others		..... Appellants
	State of Punjab and another	vs	.....Respondents

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R. F. A. No. 1535 of 1991

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33.	R. F. A. No. 2035 of 1991
	Smt. Kamlesh Kumari and others vs State of Punjab and another	..... Appellants .....Respondents
34.	R. F. A. No. 2223 of 1991
	Gurbhag Singh vs	..... Appellant
	State of Punjab and another	.....Respondents
35.	R. F. A. No. 2224 of 1991
	Gurbhag Singh and others vs	..... Appellants
	State of Punjab and another	.....Respondents
36.	R. F. A. No. 2526 of 1992
	Resham kaur	..... Appellant
	vs State of Punjab and another	.....Respondents
37.	R. F. A. No. 445 of 1990
	Gurdial Kaur and another vs	... Appellants
	The State of Punjab and another	... Respondents
38.	R. F. A. No. 446 of 1990
	Roop Singh through LRs. vs	... Appellant
	State of Punjab and another	... Respondents
39.	R. F. A. No. 447 of 1990
	Naurang Singh vs	... Appellant
	State of Punjab and another	... Respondents
40.	R. F. A. No. 449 of 1990
	Jarnail Singh and another	... Appellants
	vs The State of Punjab and another	... Respondents

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	R. F. A. No. 1535 of 1991	6
41.	R. F. A. No. 1097 of 1990
	Gram Panchayat vs	...	Appellant
	State of Punjab and another	...	Respondents
42.	R. F. A. No. 1342 of 1990
	The State of Punjab and another vs	...	Appellants
	Mukhtiar Singh and others	...	Respondents
43.	R. F. A. No. 1345 of 1990
	The State of Punjab and another vs	...	Appellants
	Gram Panchayat	...	Respondent
44.	R. F. A. No. 1346 of 1990
	The State of Punjab and another vs	...	Appellants
	Gurmel Singh and others	...	Respondents
45.	R. F. A. No. 1347 of 1990
	Bahadur Singh and another vs	...	Appellants
	State of Punjab and another	...	Respondents
46.	R. F. A. No. 1348 of 1990
	Gurmail Singh through LRs. and others vs	...	Appellants
	State of Punjab and another	...	Respondents
47.	R. F. A. No. 1349 of 1990
	Mukhtiar Singh and others vs	...	Appellants
	State of Punjab and another	...	Respondents
48.	R. F. A. No. 1355 of 1990
	The State of Punjab and another	...	Appellants
	vs Dera Baba Ramji Dass	...	Respondent

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R. F. A. No. 1535 of 1991 7

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R. F. A. No. 1356 of 1990 The State of Punjab and another ... Appellants vs Gurdial Kaur and another ... Respondents 50. R. F. A. No. 1357 of 1990 The State of Punjab and another ... Appellants vs Roop Singh ... Respondent 51. R. F. A. No. 1358 of 1990 The State of Punjab and another ... Appellants vs Naurang Singh ... Respondent 52. R. F. A. No. 1359 of 1990 The State of Punjab and another ... Appellants vs Hamir Singh (deceased) through LRs. ... Respondent 53. R. F. A. No. 1361 of 1990 The State of Punjab and another ... Appellants vs Jarnail Singh and another ... Respondents 54. R. F. A. No. 1384 of 1990 The State of Punjab and another ... Appellants vs Bahadur Singh and others ... Respondents 55. R. F. A. No. 1665 of 1990 Nachhattar Kaur and others .... Appellants vs The State of Punjab and another ... Respondents

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. Arun Palli, Senior Advocate with Mr. Sunil Garg, Advocate, for the landowners.

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Mr. R. K. Aggarwal and Mr. Vishal Aggarwal, Advocates, for the landowners.

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Mr. R. K. Battas, Advocate, for the landowners in R. F. A. Nos. 1198, 1269, 2223 and 2224 of 1991.

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R. F. A. No. 1535 of 1991

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Mr. O. P. Dabla, Assistant Advocate General, Punjab.

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Rajesh Bindal J.

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This order shall dispose of Regular First Appeal Nos. 445, 446, 447, 449, 1097, 1342, 1345, 1346, 1347, 1348, 1349, 1355, 1356, 1357, 1358, 1359, 1361, 1384, and 1665 of 1990 for the acquisition of land of Village Chaura, Tehsil and District Patiala, vide Notification dated 22.3.1981, and Regular First Appeal Nos. 274, 361, 362, 363, 432, 891, 892, 959, 960, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1438, 1440, 1481, 1482, 1533, 1534, 1535, 1989, 1990, 2035, 2223, 2224, and 2526 of 1991 for the acquisition of land of Village Ghalori, Tehsil and District Patiala, vide notification dated 23.2.1981. R. F. A. Nos. 1342, 1345, 1346, 1355, 1356, 1357, 1358, 1359, 1361, and 1384 of 1990 and R. F. A. Nos. 891, 892, 959, 960, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209 and 1210 1991, filed by the State for reduction in compensation. The remaining appeals have been filed by the landowners for enhancement of compensation.

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The facts have been extracted from R. F. A. No. 1535 of 1991. As the object of both the acquisitions is same i.e. construction of Patiala Bye Pass and the acquisitions are also very close and further the land is situated in the vicinity, the cases of both the notifications are taken upt together and disposed of by a common order.

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Facts for the acquisition of Village Chaura.

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Briefly, the facts are that vide Notification dated 22.3.1981, issued under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”), the land situated in the revenue estate of Village Chaura, Tehsil and District Patiala, was acquired for construction of Patiala Bye Pass. The award was announced by the Collector on 22.9.1986, granting compensation @ of Rs. 80,000/- per acre in Block-B and Rs. 70,000/- per acre in Block-C. On reference, the learned Additional District Judge vide judgment dated 22.11.1989, determined the value of the land at Rs. 1,16,000/- per acre for Block-B and Rs. 1,00,000/- for Block-C.

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Facts for the acquisition of Village Ghalori.

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Briefly, the facts are that vide Notification dated 23.2.1981, issued under Section 4 of the Land Acquisition Act, 1894 (for short, “the

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R. F. A. No. 1535 of 1991

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Act”), the land situated in the Village Ghalori, Tehsil and District Patiala, was acquired for construction of Patiala Bye Pass. On reference under Section 18 of the Act, the learned Additional District Judge vide judgment dated 4.1.1991, determined the value of the land at Rs. 1,60,000/- per acre except in Land Reference “Jaswant Kaur vs State” where the value of the acquired land was determined at Rs. 1,50,000/- per acre.

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Learned counsel for the landowners submitted that the learned court below has failed to consider the material placed on record by the landowners in its true perspective. The location, the future potentiality of the land and also the fact that there was great pressure for urbanisation in the vicinity had not been considered. Bye pass which originated from Rajpura-Patiala Road just after crossing developed urban estate on both sides of the Rajpura-Patiala Road, joined at Sangrur Road at 9 kilometers mile stone, after crossing the Cantonment area. The land under acquisition pertaining to villages Villages Chaura and Ghalori is located just very close to the main city and the area between the City and the Punjabi University, was already developed at a fast speed. There was a road leading to Sanaur town from the city which was further connecting to the proposed bye-pass road for which the land was acquired.

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As far as the land pertaining to Village Chaura is concerned, the land close to the bye-pass had already been developed and Urban Estate Phase-II carved out therefrom which is in existence since 1975. As far as the land pertaining to Village Chaura is concerned, there was a lot of development for the reason that two roads were passing through the area. One leading from Patiala to Delhi via Bhunerheri and another leading to Snaur Town. Both these roads crossed the proposed bye-pass for which the land in question was acquired. The area close to the acquired land had already been developed. There was a grain market, industries, brick kilns, milk collection centres which had been existing prior to the acquisition of the land, which clearly establishes that there was a great pressure of urbanisation on the land which had great future potential. The land in question was situated just outside the municipal boundary of the Patiala city.

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As far as the evidence on the record pertaining to acquisition of land of Village Ghalori is concerned, learned counsel for the appellants in

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R. F. A. No. 1535 of 1991

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the set of appeals relied upon agreement to sell Ex. P-6 and P-7 dated 30.1.1981 and 29.1.1981 where the land measuring 2 kanals and 1 kanal 7 marlas was agreed to be sold at an average price of Rs. 2 lacs and Rs. 5,34,600/- per acre, respectively. The submission was that even agreements to sell can also be taken into consideration for determination of fair value of land in case the genuineness thereof is not doubted and in the present case the State did not doubt it.

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Learned counsel submitted that additional argument in R. F. A. No. 432 of 1991 is regarding compensation on account of severance. His submission is that the learned court below has granted 25% compensation on account of severance. The land of the landowner in that case was bifurcated on account of acquisition of land for bye-pass on account of which he has suffered great loss as the sprinkler system installed by him for the irrigation of land got disconnected. The landowner has great difficulty in irrigating the land on the other side of the bye-pass due to bifurcation. The same could not be put to as good use as it could be had it been big chunk of land. He further submitted that in other cases where the land has been bifurcated, the learned court below has granted severance only at a fixed rate of Rs. 5,000/- per acre which is too less keeping in view the difficulties faced by those landowners as division of land into two parts certainly deceases its value and further reduces its utility.

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As far as the land pertaining to Village Chaura is concerned, learned counsel for the landowners referred to Ex. P-5, an earlier judgment of this court in R. F. A. No. 1039 of 1985 Dr. Parma Nand vs State of Punjab and others decided on 30.4.1987 whereby for the acquisition of land vide notifications dated 4.2.1981 and 29.8.1981 pertaining to Villages Rasoolpur Saidan and Alipur Arian, acquired for the purpose of setting up of a Diesel Locomotive Components Workshop. The value of the land acquired vide aforesaid notifications was assessed by this court at Rs. 1,67,000/- per acre. Relying upon the award it was submitted that the location of the land which was acquired for Diesel Locomotive Components Workshop was far inferior as compared to the land of the landowners in the present case as the same was situated outside the municipal boundary near the railway line and far off from the Rajpura-Patiala road. Even the award of the Collector in that case was also quite less where the value was assessed

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R. F. A. No. 1535 of 1991

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between Rs. 35,000/- to Rs. 80,000/- per acre for different categories of locations.

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In R. F. A. No. 1533 of 1991, learned counsel for the landowners submitted that even though in cases the value of the land acquired was assessed at Rs. 1,67,000/- per acre but in the present case it was determined at Rs. 1,50,000/- per acre. However, learned counsel for the landowners was fair enough in submitting that it had come on record that the land in the present case belonged to brick kiln and its level was quite low. He further submitted that the value of the acquired land was assessed at Rs. 1,50,000/- per acre merely for the reason that in the award of the Land Acquisition Collector, the value was assessed at Rs. 90,000/- per acre as against Rs. 1,05,000/- per acre for other cases.

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On the other hand, learned counsel for the State submitted that the value of the acquired land as assessed by the learned court below is quite fair, which has been assessed quite generously. The municipal limits are about 2 kilometers from the acquired land. Snaur town is situated 6 kilometers away. The area of Village Alipur Arian which was acquired for the purpose of setting up of a Diesel Locomotive Components Workshop was already developed when acquired. The sale-deeds as are referred to by the learned counsel for the landowners, were pertaining to small plots situated in Urban Estate. There was no pressure for development in the area as the same was situated at a far off place from the City, as the bye-pass is always constructed outside the city.

¶46

Heard learned counsel for the parties and perused the relevant record as referred to by the learned counsel for the parties.

¶47

A perusal of the site plan Ex. PW2 shows exact location of the land acquired for Patiala Bye-Pass. It originated from Rajpura-Patiala road, just crossing the Urban City Phase-I and Phase-II, which is located between Punjabi University and Patiala City. The first village to which the land belongs is Village Chaura and then it passes through the land belonging to Village Ghalori and thereafter crossing through the land of Villages Sulhar, Bir Kheri Gujran, Sher Majra and Pasiana is connected to Patiala-Sangrur road at Mile Stone 9 Kilometer. This bye-pass is located on the left side of Rajpura-Patiala road on the right side after crossing the Urban Estate PhaseII and Patiala Nadi near the railway line is located the land pertaining to

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R. F. A. No. 1535 of 1991

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Villages Rasoolpur Saidan and Alipur Arian, which was acquired for the purpose of setting up of a Diesel Locomotive Components Workshop at the same time, when the land in question was acquired. While passing through Village Ghalori bye-pass is crossed by two roads leading from Patiala city to Sanaur town and to Delhi Via Bhunerheri. There were number of commercial establishments and factories on these two roads besides Anaj Mandi and proposed Vegetable and Timber market. It was for the reason that this part was located quite close to the city as just crossing the Patiala Nadi and the Municipal boundary, residential colonies and commercial establishments were existing. This court in Dr. Parma Nand 's case (supra), has already assessed the value of the acquired land therein for setting up of a Diesel Locomotive Components Workshop at Rs. 1,67,000/- per acre. The location of that land is on the other side of the road in the periphery of the Patiala City, outside the municipal boundary. Another fact which is relevant for the purpose of consideration of fair value of acquired land is Division Bench judgment of this court in L. P. A. No. 182 of 1992 Sewa Singh and another vs State of Punjab and another decided on 20.8.1999, where the issue under consideration was for determination of value of the land acquired for construction of the same Patiala-Bye Pass vide notification dated 22.5.1981 pertaining to Village Sher Majra. As noticed above, the area of Village Sher Majra is located towards the other end of Bye-pass when it is connected to Patiala-Sangrur Road at 9 Kilometer Mile stone and behind the Cantonment Area. It is far off from the City. The value therein was assessed at Rs. 1,05,000/- per acre. The area under acquisition in the present set of appeals is far more superior and quite close to the City with connectivity as compared to the land of village Sher Majra where in between Cantonment Area was there. Considering the aforesaid facts in view and without going into much details of the various evidence led by the parties which is in the form of sale-deeds of plots of small measurement and agreement to sell, in my considered opinion, it would be safe to rely upon an earlier judgment of this court in Dr. Parma Nand's case (supra), where the value of the land in the Periphery of Patiala City almost similarly situated was assessed at Rs. 1,67,000/- per acre. Accordingly, the value of the acquired land in the present set of appeals pertaining to Villages Chaura and Ghalori is assessed at Rs. 1,67,000/- per acre, except in R. F. A. No. 1533 of

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R. F. A. No. 1535 of 1991

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1991, where the land was belonging to a brick kiln and the level of which is quite low and where the award of the learned court below assessing the value at Rs. 1,50,000/- is upheld.

¶54

As far as the claim of severance in R. F. A. No. 432 of 1991 is concerned, undisputedly the landowner therein has been granted compensation on account of difficulty suffered by him for use of his sprinkler system for irrigation which has been installed in the entire block of land. The compensation has been assessed at 25% on account of severance. The claim is to the extent of 50%. But, in my considered opinion, the claim of severance at the rate of 50% in R. F. A. no. 432 of 1991 in the present facts and circumstances is not tenable for the reason that construction of bye-pass where the connectivity of two parts of land of the appellant is not disturbed as such. He can always cross the other piece of land by just passing/crossing over the road. For the difficulty, he may be facing in irrigating or cultivating the land, amount of 25% on account of severance is sufficient. It is not a case of where some canal is constructed because of which approach to other part of the land become difficult on account of the fact that bridges/culverts are provided at some distance and every landowner has to cross over to other part of the land through the bridges/culverts which may be at far of places.

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As far as the grant of severance to other landowners whose land has been bifurcated and they have been granted severance at fixed rate of Rs. 5000/- is concerned, in my opinion, the same deserves some enhancement keeping in view the difficulty which they may be facing and on that account 10% of the compensation assessed would be reasonable amount on account of severance.

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For the reasons stated above, the appeals filed by the the State of Punjab are dismissed and the appeals filed by the claimants/landowners are allowed in the aforesaid terms. The landowners shall also be entitled to all statutory benefits as are available under the Act.

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( Rajesh Bindal) Judge

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10.11.2008 vs.

Jaswant Kaur v. Punjab State

Case brief

What is this about?

What did the court decide?

Jaswant Kaur v. Punjab State

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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