9911796707
TMI Blog1976 (8) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... January 3, 1969 of the High Court of Punjab and Haryana shall be disposed of by this judgment. While the first group of ten appeals Nos. 2394 to 2403 of 1972 are by the erstwhile proprietors of land claiming enhancement of the compensation awarded to them by the High Court, the rest of the eight appeals are by the State of Punjab challenging the quantum of compensation as enhanced by the High Court. It appears that a vast area of land measuring 832 kanals and 2 marlas (i.e. 416050 sq. yds) situate in Amrit- sar (Urban) and village Tungbala, Amritsar was acquired by the Government of Punjab for a public purpose viz. the expansion of the existing Medical College and allied institutions in the city of Amritsar. Whereas the notifica- tion u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 ₹ 3/- per sq. yd. for the agricultural land and ₹ 4.50 per sq. yd. for the potential building area. It is against this judgment and decree that the present appeals, as already stated have been preferred. At the hearing of these appeals, counsel 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 consolidated block, the entire area thereof should have been treated as potential building area and compensation awarded accordingly. It has been next contended by coun- sel for the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yd. claimed by the respondents in the second set of six appeals Nos. 2694, 2695 and 2697 to 2700 of 1972. Before dealing with the rival contentions advanced by counsel for the parties, it will be appropriate to refer to the law bearing on the matter. The measure of compensation to be awarded to the owners of immovable property acquired by the State is enshrined in section 23(1) of the Act which is designed to award just and fair compensation for the acquisition. According to this provision, compensation 13. as to be awarded on the basis of the market value prevalent on the date of the publication of the notification under section 4(1) of the Act. The connotation of the expression 'market value' has been explained time and again b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ior Subor- dinate Judge (who had the advantage of spot inspec- tion.) as also the High Court have after careful analysis of the evidence observed that it is only the portion of the area which adjoins the Majitha Road opposite to which is situate the Sacred Heart Convent which lies close to Gopalnagar and a por- tion of the land on the Circular Road opposite to which there are buildings that can reasonably be regarded as a potential building area and the remaining area which extends far beyond the align- ment of the Sacred Heart Convent and does not possess the same advantages cannot be treated at par with the former category of the land. It has also been concurrently found by the Courts below that apart from the fact that the land which fal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity in point of time to the notification under section 4 (1 ) of the Act which is a material factor is lacking. The contention advanced on behalf of the appellants in the aforesaid two appeals that the compensation awarded to them could not be fixed below the price paid by them for some of the plots in question in 1943, 1946 and 1947 has also no force. It cannot be ignored that .Amritsar having come near the border as a result of the partition of the sub-continent, the prices of land situate therein fell considerably soon after the partition and kept on maintain- ing a low level for more than a decade. The contention of counsel for the appellants .in the aforesaid two appeals that they should have at least been awarded compensation fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt condition to which the appellate power, generally speaking, is subject. A court of appeal interferes not when the judgment under attack is not right but only when it is shown to be wrong. (See The Special Land Acquisition Offi- cer, Bangalore v. T. Adinarayan Setty(2) Dattatrayaya Shankarbhat Ambalgi Ors. v. The Collector of Sholapur Anr.(3) and The Dollar Company, Madras v. Collector of Madras(4). The first contention advanced on behalf of the State that the erstwhile owners of the land in question could not be given compensation higher than that assessed for the acquisition made by the State for the construction of Hy- giene and Vaccine Institute is devoid of force Whereas the notification under section 4(1) of the Act with r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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