Himachal Pradesh High Court
Collector Land Acquisition Hppwd & Ors vs Bhag Chand on 19 December, 2019
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 858 of 2012 along with RFA No. 859 of 2012.
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Reserved on : 9th December, 2019.
Decided on : 19th December, 2019.
1. RFA No. 858 of 2012 Collector Land Acquisition HPPWD & Ors.
.....Appellant/Non-claimants.
Versus Bhag Chand ....Respondent/Claimant.
2. RFA No. 859 of 2012 Collector Land Acquisition HPPWD & Ors.
.....Appellant/Non-claimants.
Versus Bhagwan Dass ....Respondent/Claimant.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 Yes.
For the Appellant(s): Mr. Hemant Vaid, Addl.A.G. with Mr. Vikrant Chandel, and, Mr. Gaurav Sharma, Dy. Advocate Generals.1
Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 21/12/2019 20:25:53 :::HCHP
...2...
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For the Respondents: Mr. Sunil Mohan Goel, Advocate.
Sureshwar Thakur, Judge.
Land Reference case No. 15 of 2011, titled as Bhag Chand vs. Collector Land Acquisition, HPPWD & titled, as, Bhagwan r to others, and, also Land Reference Case No. 17 of 2011, Dass versus Collector Land Acquisition, HPPWD, became decided on 2.11.2011, under a common verdict, made, thereons, hence, by, the, learned Reference Court concerned, (i) and, wherethrough compensation amount, borne, in, a, sum, of, Rs.6,30,000/- per bigha became assessed, vis-a-vis, the acquire land(s), and, also thereon, all, apt statutory benefits became levied.
2. The afore conjoint verdict made, upon, the afore land reference petitions, has, brought grievance to the State of H.P., and, the latter through constituting RFA herebefore, No 858 of 2012, and, RFA No. 859 of 2012, has strived, to, cast a challenge thereon, and, since, both ::: Downloaded on - 21/12/2019 20:25:53 :::HCHP ...3...
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the afore RFAs, are, directed against, a, common verdict recorded, upon, afore land reference petitions, hence, by the learned Reference Court, (a) thereupon, they are amenable for a common verdict becoming pronounced thereon.
3.
determining
The
r to
learned
compensation
Reference
amount,
court,
vis-a-vis,
while,
the
acquired land(s), of, the, respondents herein, hence, for, a, public purpose i.e., for, construction, of, Kullu Manali Left Bank-road", lands whereof, are, situated, in, phati, and, Kothi Kais, Tehsil and, District Kullu, H.P., (i) placed reliance, upon, a previous awarded rendered, upon, Reference Petition No. 11/96, (ii) and, wherein, vis-a-vis, hence land(s) occurring, in, asimilar hereat phati, and, also with their acquisition, hence, occurring, for a similar hereat public purpose, rather compensation became assessed, in, a, sum of Rs.3,00,000/-, per bigha (iii) and, through the impugned award, the learned reference court,hence, meted 10% increases thereon, given the ::: Downloaded on - 21/12/2019 20:25:53 :::HCHP ...4...
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previous award, borne in Ex.PW1/D, becoming pronounced on 31.7.1998, and, the extantly impugned verdicts, as, made, on the afore land reference petition, becoming, distantly therefrom hence pronounced, on, 2.11.2011. In aftermath, given the afore, inter se, similarity, inter se, the, public purpose, qua, wherewith lands, borne, in Ex.PW1/D, and, the extant lands became acquired, and, also given the locations, of, lands therein, and, the lands hereat, hence, in, a common phati, though, enjoined reliance, being placed, on, Ex.PW1/D,
(iv) yet the learned Additional Advocate General contended, with, much vigour, before, this Court, that, the reliance meted, vis-a-vis, Ex.PW1/D being unmeritworthy, as, the trite principles, for, hence, any valid reliance(s), becoming placed thereon, and, comprised, in, (a) there occurring evident proximity, in locations, inter se the lands embodied, in, Ex.PW1/D, and, vis-a-vis, the extant lands, (b) proximity occurring, inter se, the, time, of, issuance, of, notification, in pursuance ::: Downloaded on - 21/12/2019 20:25:53 :::HCHP ...5...
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whereto, the lands qua wherewith, the, award borne in Ex.PW1/D became pronounced, and, vis-a-vis, the notification issuedhereat rather not begetting, their, apt satiation. However, the afore made argument(s), before, this Court, are, not amenable for acceptance, (i) as, claimants/respondents r to Ex.PW1/D became tendered into evidence, by, the herein, and, despite theirs becoming subjected, to, the, ordeal, of, a scathing cross-
examination, by, the, learned DA, rather no suggestion, became meted, vis-a-vis, them rather enveloping therein, the, afore echoings, and, appertaining, vis-a-vis, the afore facet, nor obviously any answers became meted thereto, by, the landowners concerned. Furthermore, even after, the, claimants concerned, rendering their respective testification, before the learned reference court, the, learned DA concerned, also omitted, to, thereafter, adduce any evidence, hence, personifying, vis-a-vis, the afore trite parameters, for, hence tenable, and, valid, reliance(s) becoming placed, upon, Ex.PW1/D, rather ::: Downloaded on - 21/12/2019 20:25:53 :::HCHP ...6...
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becoming infringed, (c) evidence whereof, became comprised, in, his ensuring adduction, of, firm documentary evidence, hence, displaying, vis-a-vis, the afore trite parameters, becoming breached, and, thereupon, rendering hence placings, of, reliance(s), upon, Ex.PW1/D, becoming infirm. The afore omissions, constrain this Court to draw, an, inference, vis-a-vis, the learned DA concerned acquiescing, vis-a-vis, the claimants concerned, satiating the afore tests, primarily, the preeminent one, appertaining, to, apposite inter se hence proximity, in, their apt inter se location(s), thereupon, the, reliance(s) as become placed, by, the learned reference Court, upon, Ex.PW1/D, become both valid, and, tenable.
4. Be that as it may, the learned Additional Advocate General also contended with much vigour, before this Court, that, (i) since, the respondents/appellant herein had placed reliance, for, the relevant purpose, upon, sale deeds, respectively borne, ::: Downloaded on - 21/12/2019 20:25:53 :::HCHP ...7...
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in, Ex. R-1, R-2, and, in Ex. R-3, (ii) and, when the afore sale exemplars rather constituted, the, apt recknonable parameter, given theirs abundantly, and, candidly satiating, hence, the afore tests, (iii) thereupon, the probative vigour, of, the afore sale exemplars, rather the, apt, to prevailed, upon, Ex.PW1/D, and, hence, they constituted, befitting, and, more tenacious evidence, of, utmost probative vigour, for, the relevant purpose.
However, the afore submission, cannot be accepted, as, the afore sale exemplars, merely became tendered into evidence, without, further evidence becoming adduced, vis-a-vis, the land(s) embodied therein, begetting hence satiation, vis-a-vis, the afore parameters. Consequently, no reliance was amenable, for, becoming placed, upon, the, afore sale exemplars, as, aptly done, by, the, learned Reference Court.
5. For the foregoing reasons, there is no merit in the instant appeals, and, they are dismissed. In sequel, the award impugned before this Court, is, maintained, ::: Downloaded on - 21/12/2019 20:25:53 :::HCHP ...8...
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and, affirmed. All pending applications also stand disposed of.
(Sureshwar Thakur) 19 th December, 2019. Judge.
(jai)
r to
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