Himachal Pradesh High Court
Manga Ram vs Principal Secretary (Power) & Ors on 20 November, 2019
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 196 of 2019
.
Date of decision: 20.11.2019.
Manga Ram .....Appellant.
Versus
Principal Secretary (Power) & Ors. .....Respondents.
Coram
Whether approved for reporting?1
For the Appellant:
r to
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Mr. Rupinder Singh and Ms. Shashi
Kiran, Advocates.
For the Respondents: Mr. Ashok Sharma, Advocate
General with Mr. Bhupinder Thakur,
Ms. Svaneel Jaswal and Mr.
Narender Thakur, Deputy Advocate
Generals and Mr. Ram Lal Thakur,
Asstt. A.G., for respondents No.1 to
3.
.
Tarlok Singh Chauhan, Judge (Oral)
In this appeal, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) as also the claimants have assailed the common award dated 16.01.2016 , passed by District Judge, Sirmaur District at Nahan, H.P., in LAC Petition No. 03 - LAC/4 of 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 21/11/2019 20:24:05 :::HCHP 2 2014, titled as Manga Ram vs. The Principal Secretary (Power) to the Government of H.P. & others, alongwith other connected .
matters.
3. Certain facts are not in dispute. For public purpose, namely, construction of Renukaji Dam and its submergence area in Mohal Siun, Sub - Tehsil Nohra, District Sirmaur, H.P., the State initiated acquisition proceedings under the provisions of the official gazette on r to the Act. Notification under Section 4 of the Act was published in 31.12.2009. The Collector Land Acquisition passed his Award No. 659, dated 31.08.2012. The extent of total land acquired is 26-4-0 bighas. Though the claimants demanded market value of the acquired land @ Rs. 20 lacs per bigha approximately, but however, the Collector Land Acquisition, determined the same classification wise as under:
Sr. No. Classification of land Rates per bigha
1. Kuhal Salana / Abal/land under Kuhal, Gharat Rs.7,00,000/-
and Abadi Deh
2. Obad Awal.Obad Doam Rs.3,60,000/-
3. Banjar Jadeed and Banjar Kadeem Rs.2,60,000/-
4. Nakabil, Gair Mumkin and Ghasni Rs.60,500/-
4. Aggrieved thereof, Reference Petitions came to be filed by different claimants, which were adjudicated, in terms of the impugned award dated 16.01.2016. Rejecting the evidence led by the parties, i.e. exemplar sale deeds etc., relying upon the discussion made by the Collector in his award, the Reference ::: Downloaded on - 21/11/2019 20:24:05 :::HCHP 3 Court enhanced the market value of the land falling in the category of Nakabil/Ghasni/Gair Mumkin from Rs. 60,500/- to Rs.
.
1,00,000/- per bigha.
5. The only issue, which this Court is called upon to determine is as to whether such re-determination of the market value is in consonance with the judgment rendered by the Apex Court in Viluben Jhalejar Contractor (Dead) by LRs vs. when the purpose of State of Gujarat, (2005) 4 SCC 789, or not?
6. The law for award of compensation at uniform rates, acquisition is common and no developmental activity is required to be carried out is no longer res integra and stands settled by Hon'ble the Supreme Court in Viluben Jhalejar (supra); Himmat Singh and others Versus State of Madhya Pradesh and another, (2013) 16 SCC 392 (para 34); Peerappa Hanmantha Harijan (Dead ) By Legal Representatives and others Versus State of Karnataka and another, (2015) 10 SCC 469 (paras 80 and 81); as also this Court in RFA No. 953 of 2012, titled as Land Acquisition Collector & another Versus Jatinder Singh, decided on 01.06.2016 and other connected matters.
7. It is a settled principle of law if the land is fully utilized for public purpose, which in the instant case is construction of Renukaji Dam and its submergence area and ::: Downloaded on - 21/11/2019 20:24:05 :::HCHP 4 that no further developmental activity was required to be carried out, the claimants would be entitled to the .
compensation on uniform basis, irrespective of its classification and category. This is also the position reiterated in Peerappa Hanmantha Harijan (supra).
8. Under these circumstances, the impugned award dated 16.01.2016, passed by District Judge , Sirmaur District at Nahan, H.P., in LAC Petition No.03 - LAC/4 of 2014, titled as Manga Ram vs. The Principal Secretary (Power) to Government of H.P. & others, is modified and the appeal filed by the the claimants is allowed with the market value of the acquired land re - determined and the claimants entitled to compensation @ Rs. 7,00,000/- per bigha, irrespective of its classification and category. Insofar as appeals filed by the beneficiary(ies) are concerned, the same are dismissed. The modification is only to this extent and the remaining portion of the award shall continue to operate as such. It is made clear that the proforma respondents/claimants shall also be entitled to the benefit of enhanced compensation amount under this judgment.
This appeal stand disposed of in the aforesaid terms, so also pending application(s), if any.
20th November, 2019 (Tarlok Singh Chauhan)
(sanjeev) Judge
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