Himachal Pradesh High Court
Land Acquisition Collector H.P.P.C.L vs Daleep Singh & Others on 16 August, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 202 of 2016 alongwith connected matters.
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Date of Decision: August 16, 2018
1. RFA No.202 of 2016 Land Acquisition Collector H.P.P.C.L., Uttam Bhawan, Shimla-4, H.P. & another ...Appellants.
Versus Daleep Singh & others ..Respondents.
2. RFA No.203 of 2016 Land Acquisition Collector H.P.P.C.L., Uttam Bhawan, Shimla-4, H.P. & another r ...Appellants.
Versus
Sant Ram & others ..Respondents.
3. RFA No.204 of 2016
Land Acquisition Collector H.P.P.C.L., Uttam Bhawan, Shimla-4, H.P. & another ...Appellants.
Versus
Deep Ram & others ..Respondents.
4. RFA No.119 of 2017
Deep Ram ...Appellant.
Versus
The Principal Secretary (Power) to the Government of H.P. & others ..Respondents.
5. RFA No.118 of 2017 Daleep Singh ...Appellant.
Versus
The Principal Secretary (Power) to the Government of H.P. & others ..Respondents.
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The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?1No.
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For the Appellants: Mr. Vivek Negi, Advocate, for the appellant(s), in RFA Nos.202, 203, 204 of 2016.
Mr.Rupinder Singh, Mr.J.S.Kanwar, Mr.Brajesh Saklani & Ms.Shashi Kiran, Advocates, for the appellant(s), in RFA No.118 and 119 of 2017.
For the Respondents: Mr. Ashok Sharma, Advocate General with Mr.Adarsh Sharma, Additional Advocate General & Ms.Svaneel Jaswal, Deputy Advocate General, for the respondents-State.
r Mr.Rupinder Singh, Mr.J.S.Kanwar, Mr.Brajesh Saklani & Ms.Shashi Kiran, Advocates, for the respective private respondents.
Mr.Vivek Negi, Advocate, for
respondent-HPPCL.
Sanjay Karol, ACJ (oral)
These appeals are being disposed of by a common judgment, for the impugned award is same.
2. In these appeals, 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.02-LAC/4 of 2014, titled as Daleep Singh & another vs. The Principal 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 17/08/2018 22:59:28 :::HCHP 3
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 Act. Notification under Section 4 of the Act was published in the official gazette on 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 @ `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 Rs.7,00,000/-
Kuhal, gharat and Abadi Deh.
2. Obad Awal/Obad Doam. Rs.3,60,000/-
3. Banjar Jadeed and Banjar Rs.2,60,000/-
Kadeem
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 ::: Downloaded on - 17/08/2018 22:59:28 :::HCHP 4 award, the Reference Court enhanced the market value of the land falling in the category of Nakabil/Ghasni/Gair Mumkin from `60,500/- to `1,00,000/- per bigha.
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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. State of Gujarat, (2005) 4 SCC 789, or not?
6. The law for award of compensation at uniform rates, when the purpose of 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 - 17/08/2018 22:59:28 :::HCHP 5 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.02-LAC/4 of 2014, titled as Daleep Singh & another vs. The Principal Secretary (Power) to the Government of H.P. & others, alongwith other connected matters, is modified and the appeals filed by the claimants are allowed with the market value of the acquired land re-
determined and the claimants entitled to compensation @ `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.
All the appeals stand disposed of in the aforesaid terms, so also pending application(s), if any.
(Sanjay Karol), August 16, 2018 Acting Chief Justice.
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