Himachal Pradesh High Court
The State Of Himachal Pradesh & Others vs Shri Bhagat Ram & Others on 15 December, 2016
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 57 of 2013 a/w connected
matters.
Reserved on: 28.11.2016.
Decided on: 15.12.2016
.
1. RFA No. 57 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Bhagat Ram & others ...Respondents.
of
2. RFA No. 58 of 2013
The State of Himachal Pradesh & others ...Appellants.
rt Versus
Shri Mani Ram & others ...Respondents.
3. RFA No. 59 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Dayal & another ...Respondents.
4. RFA No. 60 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Janak Singh & others. ...Respondents.
5. RFA No. 61 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Smt.Kapoori & another ...Respondents.
6. RFA No. 62 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Achharu Ram & others ...Respondents.
7. RFA No. 63 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
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...2... RFA No. 57 of 2013 a/w connected
matters.
Shri Jeet Ram & others ...Respondents.
.
8. RFA No. 64 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Smt. Bhago Devi & others ...Respondents.
9. RFA No. 65 of 2013
of
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Madan Lal & others ...Respondents.
10.
rt
RFA No. 66 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Jeet Ram & others ...Respondents.
11. RFA No. 67 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Lachmi Chand ...Respondent.
12. RFA No. 68 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Bawa Ram & others ...Respondents.
13. RFA No. 69 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Geeta Ram & another ...Respondents.
14. RFA No. 70 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Kapoor Chand & others ...Respondents.
15. RFA No. 71 of 2013
The State of Himachal Pradesh & others ...Appellants.
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matters.
Versus
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Shri Naresh Kumar & others ...Respondents.
16. RFA No. 72 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Bhangi Ram & others ...Respondents.
17. RFA No. 73 of 2013
of
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Achharu Ram & others ...Respondents.
18.
rt
RFA No. 74 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Pradeep Kumar & others ...Respondents.
19. RFA No. 75 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Prem Chand & others ...Respondents.
20. RFA No. 76 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Sushant Batish & others ...Respondents.
21. RFA No. 77 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Lachman & others ...Respondents.
22. RFA No.78 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Pyare Lal & another. ...Respondents.
23. RFA No. 79 of 2013
The State of Himachal Pradesh & others ...Appellants.
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matters.
Versus
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Shri Baldev & others ...Respondents.
24. RFA No. 80 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Data Ram & others ...Respondents.
of
25. RFA No. 81 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Puran Dai
26.
rt
RFA No. 82 of 2013
...Respondent.
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Ram Singh & others ...Respondents.
27. RFA No. 83 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Jeet Ram & others ...Respondents.
28. RFA No. 1 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Ramesh Kumar & others ...Respondents.
29. RFA No. 2 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Kappor Chand & others. ...Respondents.
30. RFA No. 3 of 2013
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Jayanti Dass & others. ...Respondents.
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31. RFA No. 4 of 2013
.
The State of Himachal Pradesh & others ...Appellants.
Versus
Shri Kamal Chand & others. ...Respondents.
______________________________________________________________
32. RFA No. 6 of 2013
The State of Himachal Pradesh & others ...Appellants.
of
Versus
Shri Sushil Kumar & others. ...Respondents.
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
rt
Whether approved for reporting? Yes.
For the Appellants: Mr. R.S Thakur, Additional Advocate
General.
For the Respondents: Mr. Sudhir Thakur, Advocate.
Sureshwar Thakur, Judge:
1. Since common questions of fact and law stand raised for consideration in all the appeals, hence they are taken up together for disposal.
2. The instant appeals stand directed by the State of Himachal Pradesh against the impugned rendition recorded by the learned Reference Court whereby it in the amount constituted therewithin assessed compensation qua the lands of the respondents/landowners. The solitary contention addressed by the learned Additional Advocate General for unsettling the rendition ::: Downloaded on - 15/04/2017 21:45:09 :::HCHP ...6... RFA No. 57 of 2013 a/w connected matters.
recorded by the learned Reference Court stands hinged upon the .
factum qua with the respondents/landowners evidently entering into a consensual settlement with the appellants herein whereby they displayed their consent to receive the amount constituted therein as of compensation amount assessable qua their lands as stood brought to acquisition thereupon the apt consensual settlement(s) warranted an rt inference qua theirs thereunder waiving besides abandoning their entitlement to seek any levy of the statutory benefits contemplated in the Land Acquisition Act on the consensually settled compensation amount whereas in the impugned rendition the learned Reference Court levying statutory benefits on the consensually agreed/settled compensation amount qua the apposite lands which stood proposed thereat to be brought to acquisition by the appellants herein warrants its standing quashed and set aside.
3. For determining the tenacity of the aforesaid submission addressed herebefore it is imperative to make an allusion to the apposite recitals manifested in the consensual statement(s) respectively made/recorded by the landowners ( RW-3/D and Ex.RW-3/E in RFA No. 57 to 83 of 2013 (Ex. RW-5/D and Ex.RW-5/E in RFA Nos. 1,2,3,4 and 6 of 2013) with the authorities concerned wherewithin the ::: Downloaded on - 15/04/2017 21:45:09 :::HCHP ...7... RFA No. 57 of 2013 a/w connected matters.
respondents/landowners display their acquiescence to receive 8 lacs .
per bigha as compensation for their lands as stood proposed thereat to be brought to acquisition. Significantly therewithin no vivid display occurs of the respondents/landowners while accepting a sum of Rs.8 of lacs per bigha as compensation amount for their lands which stood proposed thereat to be brought to acquisition, theirs also making a palpable rt explicit communication therein qua the aforesaid consolidated sum of 8 lacs per bigha agreed by them to be the compensation amount qua their lands which stood proposed thereat to be brought to acquisition including also the statutory benefits levy-able thereon. In sequel the factum of non-occurrence therein with explicitly the aforesaid factum probandum does benumb the espousal of the learned Additional Advocate General qua with the landowners under the aforesaid statement(s) communicating their acceptance qua Rs. 8 lacs constituting the compensation amount for their lands which stood thereat proposed to be brought to acquisition theirs also unveiling therein the apposite willingness qua the amount aforesaid also including therein all statutory benefits levy-able thereupon nor also he can hence argue qua the respondents/landowners waiving besides ::: Downloaded on - 15/04/2017 21:45:09 :::HCHP ...8... RFA No. 57 of 2013 a/w connected matters.
abandoning their statutory rights qua the relevant statutory benefits .
standing levied thereon by the learned Reference Court.
4. Be that as it may a perusal of the apposite reference transmitted for adjudication by the Land Acquisition Collector of concerned to the learned Reference Court unfolds qua preceding the Land Acquisition Collector concerned recording his award qua the acquired rt lands of the respondents/landowners wherein he meted deference to the consensual settlement(s) arrived at inter-se the respondents/landowners with the authorities concerned qua the relevant facet qua compensation amount assessable qua the lands of the respondents/landowners, his omitting to elicit the participation of respondents/landowners, sequel whereof is qua the consent award pronounced by the land Acquisition Collector concerned qua the lands of the respondents/landowners anvilled upon the relevant consensual settlement arrived inter-se them with the authorities concerned qua the relevant facet of compensation amount qua their lands which stood proposed thereat to be brought to acquisition, obviously hence standing vitiated with a stain of its infracting the rule of Audi alteram partem. Since the participation of the landowners in the proceedings preceding the pronouncement of an apposite award by the LAC ::: Downloaded on - 15/04/2017 21:45:09 :::HCHP ...9... RFA No. 57 of 2013 a/w connected matters.
concerned determining therein the compensation amount vis-à-vis the .
landowners concerned qua their lands which stood brought to acquisition would have facilitated emergence of the trite fact qua theirs while recording their respective consensual settlement(s) with of the authorities concerned qua the compensation amount manifested in their respective consensual statement(s) to stand constituted in a sum rt of Rs. 8 lacs per bigha, theirs, while agreeing qua Rs.8 lacs per bigha constituting the sum of compensation assessable qua their lands which stood proposed thereat to be brought to acquisition, theirs also thereby acquiescing qua the amount aforesaid including also therewithin all the statutory benefits levyable thereon.
5. As afore-stated with the apposite consensual statement(s) recorded by the landowners with the authorities concerned omitting to make an explicit disclosure therein qua the respondents/landlords while accepting Rs.8 lacs as compensation amount qua their lands which stood proposed thereat to be brought to acquisition theirs also making a candid disclosure therein qua the aforesaid amount also including all the statutory benefits peremptorily levy-able thereon whereupon this Court has erected an inference qua hence the plain language of their consensual statement(s) not purveying any leverage ::: Downloaded on - 15/04/2017 21:45:09 :::HCHP ...10... RFA No. 57 of 2013 a/w connected matters.
to any construction standing made thereupon qua the .
respondents/landowners waiving their entitlement to seek levy of statutory benefits thereon when stands construed with the award of the Land Acquisition Collector concerned for the reasons afore-stated of standing ingrained with a vice of his infracting the rule of Audi alteram partem begets a formidable inference of the rt respondents/landowners not abandoning their rights to seek levy of statutory benefits on the compensation amount which stood consensually agreed by them to be constituted in a sum of Rs. 8 lacs per bigha.
6. Even otherwise all the statutory benefits levyable on the judicially determined compensation amount are imperatively levyable thereon. Significantly when the levying of statutory benefits even on compensation amount determined by the Land Acquisition Collector besides judicially determined by the learned Reference Court spurs from a peremptory/mandatory dictate of the apposite statutory provisions, similarly with the respondents/landowners while consensually agreeing qua Rs. 8 lacs per bigha comprising the relevant compensation amount qua theirs lands which stood proposed thereat to be brought to acquisition rendered the levying thereon of all the ::: Downloaded on - 15/04/2017 21:45:09 :::HCHP ...11... RFA No. 57 of 2013 a/w connected matters.
apposite statutory benefits to be their statutory entitlement. In .
aftermath with the levying of the apposite statutory benefits on the compensation amount being hence an inflexible statutory fiat peremptoriness whereof holding application even on the relevant of compensation amount which stood consensually agreed to be received by the respondent landowners qua their respective lands, thereupon rt the levying thereon of the peremptory statutory benefit(s) was an unrelenting statutory exercise.
7. In aftermath no waiver can stand fastened upon the landowners qua the relevant consensual compensation amount not thereon begetting any levy of all the relevant statutory benefits nor the fiat of the principle of waiver or estoppel is workable qua any compensation amount consensually agreed to be received by the respondents/landowners unless cogent evidence stood displayed qua theirs with explicitly in the relevant writings marking the fact qua the consensually agreed relevant figure of compensation amount also including therewithin the statutory benefits whereas with the relevant echoings occurring in the relevant statements(s) not explicitly marking the aforesaid factum, the apposite conclusion therefrom reiteratedly is qua the respondents/landowners neither waiving their entitlement to ::: Downloaded on - 15/04/2017 21:45:09 :::HCHP ...12... RFA No. 57 of 2013 a/w connected matters.
seek levy of statutory benefits, on the consensually agreed .
compensation amount nor also they can stand estopped to claim levy thereon of the relevant statutory benefits.
8. Consequently there is no infirmity in the impugned award(s).
of The present appeals stand dismissed. Impugned award(s) stand maintained and affirmed. All pending applications are disposed of accordingly.
rt The Registry is directed to place photocopies of this judgment on each file of the connected matters.
15th December, 2016. (Sureshwar Thakur)
(priti) Judge.
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