Himachal Pradesh High Court
Collector Lac And Another vs Narayan Singh And Others on 22 August, 2019
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
RFA Nos. 129 of 135 of 2011
Date of Decision 22nd August, 2019
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1. RFA No. 129 of 2011
Collector LAC and another ....Appellants
Versus
Narayan Singh and others ....Respondents
2. RFA No 130 of 2011
Land Acquisition Collector & another ....Appellants
Versus
Fagnu (deceased) through LRs ....Respondents
3. RFA No. 131 of 2011
Land Acquisition Collector & another ....Appellants
Versus
Jagat Ram ....Respondent
4. RFA No. 132 of 2011
Land Acquisition Collector & another ....Appellants
Versus
Tolu (deceased) through LRs ....Respondents
5. RFA No. 133 of 2011
Land Acquisition Collector & another ....Appellants
Versus
Lot Ram and another ....Respondents
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6. RFA No. 134 of 2011
Land Acquisition Collector & another ....Appellants
.
Versus
Bhupinder Singh & others ....Respondents
7. RFA No. 135 of 2011
Land Acquisition Collector & another ....Appellants
Versus
Sarla Devi & others ....Respondents
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Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?1
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For the Appellant(s): Mr. Desh Raj Thakur, Additional
Advocate General.
For the Respondent(s): Mr. Naveen K. Bhardwaj, Advocate
in all appeals.
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Vivek Singh Thakur, J. (oral)
All these appeals, preferred by the Land Acquisition Collector/State, arising out of common award dated 27.8.2010 passed by learned District Judge, Kullu (hereinafter referred to as 'the Reference Court') in Land Reference Petitions No. 3 of 2008, titled Fagnu vs. Collector, 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 29/09/2019 02:28:14 :::HCHP 3 Land Acquisition, 4 of 2008 titled Jagat Ram vs. Collector, Land Acquisition, 5 of 2008 titled Tolu vs. Collector, Land .
Acquisition, 6 of 2008 titled Narayan Singh and others vs. Collector, Land Acquisition, 7 of 2008 titled Lot Ram and another vs. Collector, Land Acquisition, 8 of 2008 titled Bhupender Singh and others vs. Collector, Land Acquisition and 9 of 2008 titled Sarla Devi and others vs. Collector Land Acquisition, involving common question of facts and law, are being decided vide this common judgment on the basis of common evidence led in lead case i.e. Reference Petition No. 3 of 2008 titled Fagnu vs. Collector, Land Acquisition.
2. State of H.P. had acquired land situated in village Phati Kashwari, Kothi Kais, Tehsil and District Kullu for construction of National Highway21 Kullu Bye Pass road by invoking the provisions of Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') after issuing notification dated 25.8.2003 under Section 4 of the Act, which was published on 1.9.2003. On completion of formalities under the Act, the Land Acquisition Collector had announced Award No. ::: Downloaded on - 29/09/2019 02:28:14 :::HCHP 4 2 of 2005 dated 22.11.2005 determining the value of land on the basis of classification of land ranging from Rs.8382/ to .
68,580/ per bigha.
3 The land owners being aggrieved by value determined by the Land Acquisition Collector had preferred Land Reference Petitions under Section 18 of the Act for further enhancement of compensation wherein the Reference Court has enhanced the value of land at uniform rate of Rs.30,000/ per biswa irrespective of kind and quality of acquired land.
4. Aggrieved by enhancement determined by the Reference Court, the appellant/State has preferred present appeals on the ground that the Reference Court has committed mistake by ignoring the evidence placed on record on behalf of appellant/State, more particularly, sale deeds Ext.R1, Ext.R3, Ext.R5 and Ext.R7.
5. Land owners have examined three witnesses. PW1 Joginder and PW2 Jagar Nath are purchasers of land in respective sale deeds Ext.PW1/B and Ext.PW2/B relied upon ::: Downloaded on - 29/09/2019 02:28:14 :::HCHP 5 by land owners for enhancement. PW3 Lot Ram has been examined as representative of land owners in support of claim .
putforth for enhancement. Appellant/State has not examined any witness, but has placed on record sale deeds Ext.R1, Ext.R3, Ext.R5, Ext.R7.
6 Sale deed Ext.PW1/B relied upon by land owners is dated 8.9.2003, which has been executed after issuance and publication of notification issued under Section 4 of Act and when there is other evidence on record, reliance cannot be put on this sale deed for determining the value of land. In this sale deed, land has been transferred at the rate of Rs.2 lac per biswa but being a sale deed of period of post notification under Section 4 of the Act, it has been rightly discarded by the Reference Court.
7 Sale deed Ext.PW2/B was executed on 29.11.2001 whereby one biswa of land was transferred for Rs.50,000/.
This sale deed is also beyond the period of 12 months from the date of issuance/publication of notification under Section 4 of ::: Downloaded on - 29/09/2019 02:28:14 :::HCHP 6 the Act. However, this sale deed is prior in time to notification under Section 4 of the Act.
.
8 In sale deed Ext.R1 dated 14.10.2002, 6 biswas 12 biswansi land was transferred for Rs.13,000/ which gives value of land at the rate of Rs.1969.69/ per biswa. As per sale deed Ext.R3 dated 24.5.2003 whereby 7 biswa 10 biswansi land was transferred for Rs.16,500/, value of land becomes Rs.2200/ per biswa. According to sale deed Ext.R5 dated 25.8.2003 whereby 9 biswas land was sold for Rs.20,000/, value of land becomes Rs.2222/ per biswa. Sale deed Ext.R7 dated 27.12.2002 wherein 10 biswa land has been sold for Rs.22,000/, gives value of land at the rate of Rs.2200/ per biswa. All these values are less than the highest value of land determined by the Land Acquisition Collector and therefore, Reference Court has rightly discarded these sale deeds in view of provisions of Section 25 of the Act.
9 Now only relevant evidence on record is Ext.PW2/B wherein one biswa land was sold for Rs.50,000/. The sale deed pertains to the year 2001, whereas the land has been acquired ::: Downloaded on - 29/09/2019 02:28:14 :::HCHP 7 in the year 2003. There is possibility of increase in the value of land by the passage of time and therefore, value of land in the .
year 2003 in comparison to the value of land in 2001 must be higher. However, it is also a fact that in sale deed Ext.PW2/B, a small chunk of land i.e. one biswa was under consideration.
Therefore, for arriving at just and fair value in the year 2003, some deduction was necessary in said value. For gap of time between the execution of sale deed and acquisition of land, some enhancement from 10 to 12% was to be given in favour of land owners and at the same time, for a transaction of small chunk of land, a deduction was necessary in value of land arriving at on the basis of said sale deed.
10 If 10% enhancement is given then value of land would be Rs.55,000/ per biswa and just and fair value of land in the year 2003 is to be determined after making reasonable deduction in the said amount. Reference Court has determined the value at the rate of Rs.30,000/ per biswa, which is Rs.25,000/ lesser than Rs.55,000/ and Rs.20,000/ lesser than Rs.30,000/ which is a deduction at the rate of 40 to 45%.
::: Downloaded on - 29/09/2019 02:28:14 :::HCHP 8Therefore, value arrived at by the Reference Court is 40% lesser than the value arrived at on the basis of sale deed .
Ext.PW2/B, which, in my opinion, is just and fair value of acquired land.
11 In view of above, I find no reason for interference in the impugned award passed by the Reference Court.
Accordingly, the appeals preferred by State are dismissed being devoid of merit. All pending miscellaneous application(s), if any, also stands disposed of.
August 22, 2019 (Vivek Singh Thakur)
(ms) Judge
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