Collector, Dehradun v. Sri Jognu

I have heard Sri Nand Prasad, learned Standing Counsel for the appellant and have perused the entire material on record. It has been argued on behalf of the appellant that the S.L.A.O. was justified in awarding compensation at the rate of Rs. 37,500/- per acre for the first quality of land and @ Rs. 12,500/- for second quality of land under acquisition. Before the Reference Court, witnesses Lal Singh ( P.W.8) and Shiv Singh (P.W.7) have deposed that the exemplar sale deed relied upon by the S.L.A.O. did not represent the proper market value. They have specifically stated that sale deed of Nanda Singh was executed in favour of Executive Engineer III Lakhwar Colony. It was stated by the witnesses that Nanda Singh had taken a contract for the construction of road from the irrigation department, therefore, he executed the sale-deed at a low price. Finding this averment to be reliable, the Reference Court was of the view that the sale deed of Nanda Singh cannot be made the basis for assessment of market value. The Reference Court at page 15 of its judgment has observed as under:- “The saledeed dated 6.7.1982 ( paper no. 15-C) which is a sale between the private parties and relates to land situated not far off from the acquired land is the best exemplar to form the basis of assessment of market value of the land in question. The only exception is that the land transferred under the said saledeed was of a smaller plot of un-irrigated 0.04 acre land, therefore, reduction at the rate of 30% as observed above is permissible. In this was the market value of the acquired land of the petitioners comes to Rs. 59,500/- per acre.” From a bare perusal of the impugned judgment of the Reference Court it is evident that the Reference Court has assigned cogent reasons for not accepting the market value determined by the S.L.A.O. and it has also discussed all the sale transactions relied upon by the claimants. In the body of the impugned judgment, both oral and documentary evidence led by the parties has been discussed. The Reference Court while determining the market value on the basis of the sale-transaction (paper no. 15-C) has made a deduction of 30% towards largeness of the acquired land as compared to small piece of land under the sale deed. Having considered all the aspect of the case, I find that the Reference Court was justified in determining the market value of the acquired @ Rs 59,500/-. Out of total area of 6.49 acre land under acquisition, 6.35 acre land was irrigated, 0.03 acre unirrigated alnd and 0.11 acre was Ijran. Therefore, the reference court was fully justified in granting compensation for the entire land treating the same to be irrigated. No infirmity or illegality has been committed by the Reference Court in deciding the reference under appeal. There is no merit in the cross-objection of the respondent, which stands dismissed. The appeal has no force and is liable to be dismissed. The appeal is hereby dismissed. No order as to costs. (B.S.Verma, J.)