D.V Sehgal, J. — This judgment will dispose of R.F As Nos. 1864, 2173 to 2194, 2701 to 2215, 2221 to 2226, 2321 and 2322 of 1985; 144 to 170, 172, 173, 186 to 196, 203 to 214, 217 to 281, 336, 359 to 369, 398, 401, 402, 416 to 439, 447 to 457, 872, 1278, 1333 to 1398, 1400, 1401, 1448, 1455, 1456 to 1489, 1493 to 1536, 1544, 1545, 1572 to 1590, 1592 to 1608, 1639, 1798, 1801, 1802, 2166 to 2170, 2173, 2193 to 2198, 2225, 2226, 2285, 2286, 2309 to 2317, 2342, 2356, 2357, 2391 to 2395, 2421, 2464 to 2575, 2508 to 2720, 2752 to 2757 and 2771 of 1986 filed by the land-owners; and R.F.As Nos. 882 to 1194, 1403 and 1404 of 1986 filed by the Union of India and Cross-Objections No. 16-CI of 1987 filed by the landowners in RFA No. 914 of 1986.

2. All of them pertain to acquisition of land in pursuance of notification No. 113/2/79-JJ-11(B)/PB/5408.E/ACT/5893 dated 10.5.1979 issued under section 4 of the land. Acquisition Act, 1894 (for short ‘the Act’). Land in the revenue estates of about half a dozen villages in tehsil and district Bathinda was proposed to be acquired through this notification Separate awards were made by the Land Acquisition Collector in respect of the land acquired in village Bhagu, Mohna, Bhucho ??? Khurd and Bhucho Kalan. The land acquired in these revenue estates forms a compact block. The purpose of acquisition of land was for utilisation of the same for raising of the local cantonment Bathinda. In respect of the land acquired in Page: 45the revenue estate of village Bhagu, the Land—Acquisition Collector made his award dated 30.3.1981 The market value of the same was finally determined by a Division Bench of this Court in Jagir Singh Etc.… v. Union Of India…. No. 914 of 1984, decided on 17.9.1985, to which reference shall be made in some mote detail in the later part of this judgment.

3. Land measuring 733, 725 acres equivalent to 5859 Kanals 16 Marlas of village Mohna was acquired. The Special Land Acquisition Collector vide his award dated 31.3.1984 fixed to market value of the same as under.

i) Nehri, Chahi Chahi Nehri Rs. 24,000/- per acre. ii) Barani Rs. 12,000/- per acre. iii) Banjar Kadim and Gair Mumkin Rs. 6,000/- per acre. iv) Land comprised in special block under-neath the area of the village abadi and within the Lal Lakir Rs. 60,000/- per acre. v) Land comprised in another special block demarcated as such in between the aforesaid village Mehna and the land underlying the abadi of Basti Sman Khera which is situated across Bhatinda Barnala road. Rs. 48,000/- per acre.

4. The landowners being not satisfied with the market value so determined by the Collector made applications for references under section 18 of the Act. As many as 324 reference-applications were decided by the learned Additional District Judge (If), Batinda, vide his award dated 30.5.1985, vide which he fixed the market value of the acquired land as under:—

i) For the land abutting the main Bhatinda-Barnala road on both sides of the National Highway including the one underneath Sman Knera Basti throughout the length of the village up to a depth of 250 metres on each side. Rs. 48,000/- per acre. ii) Nehri, Chahi, Nehri/Chahi Mustar land Rs. 36,000/- per acre. iii) Barani Rs. 18,000/- per acre. iv) Banjar Kadim and Gair Mumkin Rs. 9,000/- per acre.

With regard to the first and the second special blocks of land categorised by the Collector, the learned Additional District Judge maintained the market value of the same at Rs. 60 000/- and Rs. 40,000/- per acre respectively.

5. In the revenue estate of village Bhucho Khurd 1517.75625 acres equivalent to 12142 Kanals 1 Marla of land was acquired. The Special Land Acquisition Collector vide his award dated 30.3.1981 fixed the market Page: 46value of the same as under:—

i) Nehri, Chahi and Nehri/Chahi Rs. 22000/- per acre. ii) Barani Rs. 10000/- per acre. iii) Banjar Kadim & Gair Mumkin Rs. 5000/- per acre

6. The land owners were dissatisfied with the market value so fixed by the Collector and on their applications under section 18 of the Act 207 references came to be adjudicated upon and the same were decided by the learned Additional District Judge, Bhatinda vide his award dated 6-11-1985 vide which he fixed the market value of the acquired land as under:—

i) Land abutting the main road Bhatinda-Barnala National Highway on both sides up to the depth of 250 metres throughout the length of the village Rs. 32,770/- per acre. ii) Nehri, Chahi and Chahi/Nehri. ” 27,305/- per acre. iii) Barani ” 12,500/- per acre. iv) Banjar Kadim and Gair Mumkin ” 6,250/- per acre.

7. In the revenue estate of village Bhucho Kalan 2528, 25623 acres equivalent to 20226 Kanals 1 Marla of land was acquired in respect of which the Special Land Acquisition Collector vide his award dated 30.3.1981 assessed the market value as under:—

i) Nehri and Chahi Rs. 20,000/- per acre. ii) Barani Rs. 12,770/- per acre. iii) Banjar Kadim and Gair Mumkin Rs. 6,400/- per acre.

8. Dissatisfied with the award of the Collector, the land owners made applications under section 18 of the Act and at their instance as many as 307 references were adjudicated upon and decided by the learned Additional District Judge, Batinda, vide his award dated 29.4.1986, vide which he fixed the market value of the acquired land as under:—

i) Land abutting the main road Batinda-Barnala upto a depth of 500 metres. Rs. 31,000/- per acre. ii) Nehri, Chahi and Nehri/Chahi Rs. 30,000/- per acre. iii) Barani Rs. 14,000/- per acre. iv) Banjar Kadim and Gair Mumkin Rs. 8,000/- per acre.

9. All these regular first Appeals are directed against the aforesaid three awards of the learned Additional District Judge and reference to the same in the later part of the judgment shall be made by the name of the village to which each one of them pertains.

10. The Cantonment at Bathinda came to be established in the year 1974-1975. Land was acquired for the first time for this purpose from the revenue estate of Bathinda vide notification under section 4 of the Act dated 9.10.1974 Its market value was determined finally by a Division Bench of this Court in Kartar Singh v. Union of India, LPA No. 279 of 1982 decided on 9.12(982. Since this land abutted the municipal limits of Bathinda town, two belts were formed for assessing its market value as under:—

Page: 47i) For land upto a depth of 500 metres along the municipal limits. Rs. 15/- per sq. yard. ii) For the rest of the acquired land. Rs. 8/- per sq. yard.

11. The market value so determined by the Division Bench of this Court has been affirmed by the final Court in Bhag Singh and others v. Union Territory of Chandigarh, AIR 1985 SC 1576.

12. Soon on its heels followed a notification dated 20.1.1975 published under section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952, vide which 1230.08 acres of land of the revenue estate of Bathinda was acquired for the establishment of the Contonment. Its market value was determined by this Court in Mukhtiar Singh v. State of Punjab, FAO No. 423 of 1984 decided on 6.10.1984, as under:—

i) For the land situated on either side of the National Highway leading from Bathinda to Barnala upto to depth of 500 metres Rs. 16.80 per sq. yard. ii) For the land up to a depth of 500 metres from the municipal limits/fencing of cantonment area from the boundary of phase III of Urban Estate Bathinda town Rs. 16/- -do- iii) For the rest of the acquired land Rs. 8.50/- -do-

13. The third phase of acquisition of land for the cantonment was initiated by publication of notification under section 4 of the Act on 29-10-1976 by which 2400 Bighas 10 Biswas of land was acquired from the revenue estate of Bathinda for extension of the Military Cantonment. The market value of the land so acquired was determined by this Court in Kapur Kaur and others v. Union of India and others, RFA No. 2366 of 1980 decided on 27.7.1973, as under:—

i) Special belt up to a depth of 150 Karams on either side from Bathinda-Mansa road Rs. 15/- per sq. yards ii) For the remaining land Rs. 8/- per sq. yard.

14. The land owners were not satisfied with the market value so determined and they filed Special Leave Petitions Nos. 6701-23/84 and 9667 of 1984 in the Supreme Court which were granted. While allowing Civil Appeal No. 3142-65 of 1986, Kapur Kaur and others v, Union of India and others) on Ist September, 1986 (the final Court awarded the compensation at the rate of Rs. 17/- per square yard upto a depth of 500 metres of the acquired land and at the rate of Rs. 10/- per square yard beyond the depth of 500 metres.

15. In the present appeals, we are concerned with the fourth phase of acquisition of land for the extension of the Military Cantonment of Bathinda. Land of the villages adjoining the already existing Cantonment has been acquired. The total land so acquired measures approximately 6000 acres. As already mentioned above in respect of—the land acquired from the revenue estate of village Bhagu a Division Bench of this Court has already determined its market value in Jagir Singh's case (supra) at Rs. 37,000/- per acre. The said land as also the land which is the subject-matter of the present appeals has been acquired by one and the same notification under section 4 of the Act dated 10.5.1979 and it bears repetition that this entire land forms one compact block.

16. It is now necessary to refer to the location as well as the potential Page: 48of the land acquired. In the award pertaining to village Mehna Dharam Pal office Kanungo AW 1, Hem Raj Patwari AW 2. Jugraj Chand Patwaris of villages Mehna Jassi, Pauwali, Naruana and Gill Patti respectively, have stated that the distance of the said villages from Bathinda City is 7 Kms., 6 miles, 6 Kms. and 8 Kms. respectively. Their statements make it possible to have a comparative study of the location as well as the value of the land in the different villages. Hari Krishna Verma Assistant Superintendent in the office of Commissioner, Ferozepur Division appearing as AW 5 has produced a copy of letter dated 29.3.1980 Ex. AW 5.A from the under Secretary to Government Punjab which categorised the land 8 acquired ??? recommends its market value thus—

i) Nehari/Chahi Rs. 35,000/- per acre. ii) Banjar Rs. 17,500/- -do- iii) Banjar kadim Rs. 8,750/- -do- iv) Abadi Gair Mumkin Rs. 1,05,000/- -do- v) Land comprising Rectangles No. 80, 81 and 82 abutiing main Bathinda-Barnala road Rs. 40,000/- -do-

17. It has further come in evidence that Bathinda Barnala road is a National highway. It enters village Mehna in the and comprised in Rectangle No. 83 and leaves it after passing through the land which constitutes a part of Rectangle No. 77 and the distance between the two points is about 1603-1700 Karams. This road then passes through the adjoining revenue estates of villages Bhucho Khurd and Bhucho Kalan while leading to Barnala. It is undisputed that the trend of development of Bathinda town was towards the side of the Cantonment and by passage of time the land which is now the subject matter of acquisition would have been brought under residential commercial and industrial buildings, but at the time of acquisition there is no doubt that the land was mostly under agriculture. Establishment of Cantonment in close vicinity of the and acquired four years prior to its acquisition also added to its market value. It cannot be denied that at least the land abutting the Batinda Barnala National High way up to a reasonable depth had the potential of being brought into use for industrial activity in the near future. It is also noteworthy that there was scope for small industries agro-based industriesand factories for ancillary products were likely to come up making full use of the proximity of the land to the National Highway because of the establishment at Batinda of big industrial plants including that of National Fertilizers Ltd. and Guru Nanak Thermal Plant. The position of the land has been very well depicted in the plan Ex. AW 8.A in the award of village Mehna, and the plans of the villages of the land acquired Exs. A. 1 to A. 5 and R. 1 in the award of village Bhucho Khurd and plans Exs. AW-4.A and RX in the award of village Bhucho Kalan. All these aspects have to be kept in view while talking a decision for determining the market value of the acquired land.

18. In the award of village Mehna, the Learned Additional District Judge has taken into consideration the award dated 6.8.1983 Ex. A. 62 whereby the market value of the land acquired in the adjoining village of Bhagu through the same notification was fixed at Rs. 36,600/- per acre. As already noted above, the market value of the said land was enhanced to Rs. 37,000/- per acre in Jagir Singh's case(Supra). As regards the land located in the two special belts, he has, however, maintained the value fixed by the Land Acquisition Collector without taking into consideration the material brought on the record by the parties. It has been contended by the learned counsel for the land owners that the Collector and for the same reason the learned Additional District Judge has wrongly categorised the Page: 49land in the village abadi in two special belts, i.e firstly, the land within the Lal Lakir and secondly, the land in between the Lal Lakir and the Phirni of the village. The entire land up to the Phirni of the village is under the village abadi and should have been treated as village abadi and evaluated as such. I find that there was no reasonable basis for bringing out a distinction between the land within the Lal Lakir and the land between the Lal Lakir and the Phirni of the village. All the land is within the village abadi and has uniform value. There was, therefore, no rational basis to form separate belts. It is noteworthy that two instances of the abadi land of village Mehna Exs. A.8 and A.10 were produced on record before him whereby 8 Marlas of land in each of the two instances in Khasra Nos. 299 and 435 respectively was sold in the village abadi at tne rate of Rs. 20/- and Rs. 22.50 per square yard. The average price fetched by these two instance, shows that the market value of the small plots of land in the village abadi was Rs. 1,05,000/- per acre. Likewise, in the letter Ex. AW 5???A issued by the State Government the compensation for the abadi land has been recommended at Rs. 1,05,000/- per acre. Since, however, the abadi land has been sold in comparatively very small pieces of land while the entire abadi has been acquired under the present acquisition, it is necessary to impose a cut of 1/3rd to reach at a reasonable market value of the abadi land. This brings it to Rs. 70,000/- per acre. I find that in respect of the land abutting Bathinda Barnala National Highway as also the abadi of Sman Khera the same value ought to be adopted. The question, however, is upto what depth the land on either side of the National Highway ought to be evaluated at the above rate. As already mentioned above, in Kapur Kaur's case (supra), it was decided that the belting on either side of Bathinda-Mansa road should be up to a depth of 150 Karams but while allowing appeal against the same the Supreme Court in its order dated 1.9.1986 allowed higher belting up to a depth of 500 metres. It is also to be noted that in the case of the award of village Bhucho-Kalan, the learned Additional District Judge has carved out a belt at a higher rate to the extent of a depth of 500 metres from the Bathinda-Barnala National Highway and no appeal against this award has been filed by the Union of India. It can thus be safely concluded that a belt by the side of the aforesaid National Highway up to a depth of 500 metres is quite reasonable and ought to be carved out of its either side.

19. Now coming to the award in respect of the land in village Bhucho Kalan, it is to be noted that the learned Additional District Judge has rejected the mutations Exs. A. B to A. 17 and R. 1 to R. 8 in view of the Full Bench judgment of this Court in The State of Punjab v. Pohu and another, 1986 (1) P.L.R 109. He has also rejected the instances of sales represented by copies of sale deeds Exs. RX/1 to RX/33 produced by the Union of India on the ground that the market value represented by the same is far less than what has been fixed by the Collector vide his award dated 30.3.1981 For this view the learned Additional District Judge has relied on Union of India v. Amrik Singh and others, 1981 P.L.R 144, and, in my view rightly so. He has, however, made a copy of the sale deed Ex. A.W 7.A as the basis of his award. Through this sale deed 11 Kanals of land in village Bhucho Kalan has been sold on 24.1.1979 for a consideration of Rs. 43,000/-, the average price of which comes to Rs. 31,272/- per acre, but strangely enough he has not applied this instance to the entire laud but has instead limited it to a belt of 5000 metres' depth abutting Bathinda-Barnala road. This instance of sale has to be rejected for two reasons—firstly, a reading of Ex. A.W 7.A does not show whether the piece of land which was the subject matter of sale was Nehri, Chahi or Barani. Secondly, the vendee of the said transaction was already in possession of the land. I, therefore, reject this instance of sale and find it appropriate to adopt the market value of the land Page: 50at Rs. 37,000/- per acre determined in respect of the land of village Bhagu in Jagir Singh's case (supra). It is to be noted that in respect of the abadi land within the revenue estate of Bhucho Kalan which has been acquired, the learned Additional District Judge has not awarded compensation at the higher rate and has instead treated it as agricultural land. In spite of the fact that there is no instance of sale of land of the abadi aforesaid, it can be reasonably inferred that the land in this abadi would be fetching the same price as that of the abadi of village Mehna and Sman Khera. I, therefore, adopt the market value for the same at Rs. 70,000/- per acre. The same market value shall be adopted for the land abutting Bathinda Barnala road passing through the revenue estate of village Bhucho Kalan up to a depth 500 metres on either side. No doubt this part is at the farthest end of the acquired block of land while coming from Bathinda but it is to be noted that its potential value receives an added impetus as it is close to the Municipal town of Bhucho Mandi, which has a huge grain market, food godowns etc.

20. In respect of the award of the land acquired in village Bhucho Khurd, the learned Additional District Judge has rightly rejected the agreements Exs. A.W 11.A and A.W 11.B for the reasons that it is difficult to vouchsafe their genuineness. Likewise, mutations Exs. A.76 to A.78 and R. 2 to R. 21 produced by the land owners and the Union of India respectively have to be rejected in view of the decision of the Full Bench in Pohu's case (supra). The learned Additional District Judge by taking into account the market value of the land determined through two different awards in respect of the land acquired by the same notification in the revenue estates of villages Mihna and Bhagu has tried to arrive at an average and has worked out the compensation for the land abutting the Bathinda Barnala road throughout the length of the village at Rs. 37,770/- and for Chahi and Nehri Rs. 27,305/- per acre. He has also relied on mutation Exs. A. 76. He has, however, not 5xed the market price of the abadi land of village Kharaj Chek which falls within the revenue estate of Bhucho Khurd and has been acquired alongwith the land surrounding it. I am of the view that this approach was not correct. When the land acquired forms one compact block though falling in the revenue estate of different villages and has been acquired through one and the same notification under section 4 of the Act, it is reasonable to fix the market value of the land at the same rate For this view, I place reliance on Bhakhshish Singh v. The Collector, Land Acquisition etc., 1982 Current Law Journal (Civil and Criminal) 242 I, therefore find it appropriate that in the case of village Bhucho Khurd also in respect of the land up to a depth of 500 metres on either side of the Bhatinda Barnala National Highway as also the abadi land of village Kharaj Chak the market value should be determined at Fs 70 000/- per acre, and in respect of Chahi, Nehri and Chahai/Nehi land it should be Rs. 37,000/- per acre.

21. In the case of the awards of the villages Bhucho Khurd and Bhucho Kalan the learned Additional District Judge has dilated in great detail on the kind of the land acquired. In the case of Bhucho Khurd be has taken into account the fact that one Ajmer Sirgh Patwsari had been placed under suspension for having tampered with the kind of land in the different Khasra, Girdawaris and was later on dismissed, but at the same time he has noted that this Patwari was reinstated by the Commissioner, Ferozepore Division and he is still in service. In my view, reference to different Khasra Girdawaris was a futile exercise. The entire land in the present case has been acquired in pursuance of a notification dated 10.5.1979 which was published on 8.6.1975 Jamabandis for the year 1979-1980 incorporate the kind of the land as also its agricultural use during the course of yearly assessments for a period of five years preceding 1971-1980. There is a presumption of truth attached to the Jambandis which is a record of rights. There is no evidence Page: 51worth of the name on the record to rebut this presumption I, therefore, hold that the Collector for the purpose of awarding compensation for the land acquired shall take into account the kind of the land whether it is Chahi, Nehri, Barani, Barjir, Banjar Kadim or Gair Mumkin by reference to the Jamabandis of the respective lands for the year 1979-1980 No Khasra Giradawari which departs from or is at variance with what has been recorded in these Jamabandis shall be taken into consideration.

22. The next question that arises is what should be the value of the land which which is Birani, Banjar Kadim and Guir Mumkin. In the three awards under consideration divergent ratios have been applied to work out the market value of these inferior kinds of land as compared to the Nehri and Chahi lands which I find are not at all tenable. To convert Barani land into Chahi land, wells and tubewells have to be sunk but the cost of: the same is not as high as may lead to reducing the price of Barani land to half or less than half of the once of Chahi land. Likewise, in the case of Banjar, Banjar Kadim and Gair Mumkin land the price determined in the awards is ridiculously low which cannot be sustained by any logic particularly when in the awards no reason whatsoever has been advanced for arriving at these figures in the case of Barani land, therefore, I choose to fix its market value at the rate of Rs. 10,000/- per acre less than that of Chahi/Nehri land, which would thus be Rs. 27,000/- per acre. Since great deal of cost of labour and inputs would be required to bring under plough the Banjar, Banjar Kadim and Gair Mumkin land, I reduce its value by Rs. 12,000/- as compared to that of Barani land and fix its market value at Rs. 15,000/- per acre.

23. Another aspect of the case which was adverted to at length before me by reference to the revenue record as also the plans is that the Collector and the learned Additional District Judge went wrong in categorising the kind of land underneath the watercourses and the paths as Gair Mumkin land. The contention advanced was that watercourses and the paths are meant for facility of irrigation and approach to the fields but the land under neath them could with not much effort be brought under plough but for its present use. I find sufficient force in this submission. I, therefore, bold that the land underneath the watercourses shall all along be categorised as Nehri land. On the other hand, the land underneath the paths shall, when the path passes through Chahi, Nebri, Barani, Banjar, Banjar Kadim of Gair Mumkin land, be categorised as the land of the same kind through which it passes.

24. To sum up the above discussion, I determine the market value or the land acquired in the revenue estates of the three villages of Mehna, Bhucho Khurd and Bhucho Kalan as under:—

i) Abadis of village Mehna Basti, Sman Khera. Kharaj Chak, and abadi of village Bhucho Kalan. Rs. 70,000/- per acre ii) Land abutting Bathinda-Barnala National Highway upto a depth of 500 metres on its either side. Rs. 70,000/- per acre. iii) Chahi, Nehri and Chahi/Nehri land Rs. 37,000/- per acre. iv) Barani land Rs. 27,000/- per acre. v) Banjar, Banjar Kadim and Gair Mumkin Rs. 15.000/- per acre.

25. It is further made clear that the landowners shall be entitled to solatium at the rate of 30 per cent of the market value of the acquired land, Page: 52an additional amount at the rate of 12 per cent per annum under section 23(1 A) of the Act, and interest at the rate of 9 per cent for a period of one year from the date of their dispossession and at the rate of 15 per cent per annum for the period subsequent thereto till the payment of the total amount of compensation to them.

26. It has been brought to my notice that most of the landowners have claimed in these appeals much higher compensation than what has been awarded through this judgment but there are a few cases wherein the claims have been made at a less value. In such cases, I follow the ratio of Bhag Singh's case (supra) and direct the concerned appellants to make up the deficiency in the court-fee-within two months from today before they are entitled to recover compensation on the basis of this judgment. On their failure to do so, the amount payable to them shall stand limited to what has been claimed by them in their appeals.

27. As a consequence, the regular first appeals and the Cross-Objections filed by the landowners are allowed with proportionate costs and the regular first appeals filed by the Union of India are dismissed without any orders as to costs.