All the three reference petitions were consolidated and the proceedings were ordered to be recorded in the main reference. From the pleadings of the parties the following common issues were framed on 13.4.2018:
What was the market value of the suit land on the date of notification of Section 4 of the Act OPP
Relief
In the evidence of the NRI , they examined PW1 , PW 2 , petitioner as PW3, PW4 and PW5 besides producing documents Ex P1 to Ex P9. I have heard the arguments and appraised the evidence on record carefully. The land of the NRI was acquired vide notification under section 4 of the Act dated 5.3.2018 and the Land Acquisition Collector assessed the market value of the acquired land at the rate of RS 16.00 lacs per acre along with all other statutory benefits. It was for the NRI to prove that the market value of the acquired land at the time of notification under Section 4 of the Act was more than Rs 16.00 Lacs per acre
It is settled law that the burden of proof of proving the market value of the land is always on the claimants. In another case has been held that it is the duty of the court to determine just and fair market value and the claimants should produce necessary evidence on the value of the land since the burden is on them to establish higher compensation claimed. In the case was held that the burden of proving that the amount of compensation awarded by the collector is inadequate lies upon the claimant and he is in the position of a plantiff.
In order to prove this issue, petitioner stepped into the witness box as PW3 and tendered his affidavit Ex. PW3/A corroborating the averments made in the reference petition with regard to the location and potentiality of the acquired land and non consideration of the facts existing at the time of acquisition of the land by the Land Acquisition Collector while assessing the market value thereof. He also tendered into evidence copies of sale ?deeds Ex P3 toEx P8. In his cross ?examination , he admitted that the acquired land was agricultural in nature. He further admitted that he has tendered the sale deeds of a prime location which is situated near the Highway and before raising construction in NCR area , CLU of the land is necessary rom the competent authority. Another NRI also tendered his affidavit Ex PW4/A corroborating the statement of PW3. He further stated that he has also shown the acquired land in hatches and boundary in light coffee colour and the land under sale deeds in light blue colour . He proved the copy of Sajra plan Ex P9. He further stated that area of sale deeds has been shown in Sajra Plan in red colour. He has also shown the acquired land of the petitioner in dark blue colour at point A in EX P9. The entire area in the vicinity has already been developed by the government authorities as well as private industrialist and builders much prior to the notification of the acquired land
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