Himachal Pradesh High Court
Sukh Dev Singh vs The Land Acquisition Collector Kol Dam on 24 March, 2018
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 531 of 2012 .
Decided on: 24.03.2018
Sukh Dev Singh ...Appellant
Versus
The Land Acquisition Collector Kol Dam ...Respondents
and another
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?Yes.
For the appellant: Mr. Anil Kumar God, Advocate.
For the respondents: Mr. Shiv Pal Manhans, Additional Advocate General, with Mr. Raju Ram Rahi, Deputy Advocate General, for respondent No. 1.
Mr. K.B. Khajuria & Mr. Pushpender Kumar, Advocates, for respondent No. 2. Vivek Singh Thakur, Judge. (oral) In present case, land of appellantland owner was acquired alongwith others for purpose of construction of Kol Dam after undertaking the process under the Land ::: Downloaded on - 26/03/2018 23:27:09 :::HCHP 2 Acquisition Act, 1894 (hereinafter referred to as 'the Act') by passing award No. 20 of 2004, dated 30th September, 2004 .
under Section 11 of the Act wherein Collector had awarded following market value of acquired land according to classification of land:
(i) Barani (Majrua) ₹ 4,69,955/ per bigha
2.
(ii) Khadyater etc.
(Gairmajrua)
r ₹ 1,04,416/ per bigha
Section 25 of the Act provides that the Court cannot award the compensation lesser than the compensation awarded by the Land Acquisition Collector under Section 11 of the Act.
3. It is well settled that at the time of determining market value of land for acquisition, the purpose for which the land is acquired is relevant and not nature and classification of land and where nature and classification of the land has no relevance for purpose of acquisition, the market value of the land is to be determined as a single unit irrespective of nature and classification of the land. In such a case, uniform rate to all kinds of land under acquisition as ::: Downloaded on - 26/03/2018 23:27:09 :::HCHP 3 a single unit irrespective or their nature and classification is to be awarded. {See H.P. Housing Board versus Ram Lal, .
2003 (3) Shim. LC (64); Union of India versus Harinder Pal Singh, 2005 (12) SCC 564; Gulabi versus State of H.P., 1998 (1) Shim.LC 41; and Executive Engineer and another versus Dilla Ram, Latest HLJ (2008) 2 HP 1007.}
4. Further, it is also settled that when the purpose of acquisition is common and no developmental activity is required to be carried out, compensation is to be awarded at uniform rate. {See Viluben Jhalejar Contractor (Dead) by LRs versus State of Gujarat, (2005) 4 SCC 789; Himmat Singh and others versus State of Madhya Pradesh and another, (2013) 16 SCC 392; and Peerappa Hanmantha Harijan (Dead) By Legal Representatives and others versus State of Karnataka and another, (2015) 10 SCC 469}.
5. It is undisputed that highest rate awarded by the Collector was ₹ 4,69,955/ per bigha.
6. Appellant, being aggrieved by the award of the Collector, had preferred Land Reference Petition No. 143/4 ::: Downloaded on - 26/03/2018 23:27:09 :::HCHP 4 of 2008, which has been dismissed by the learned District Judge for want of cogent and satisfactory evidence placed on .
record by the appellantland owner.
7. Learned counsel for the appellantland owner submits that even if evidence led by the appellant landowner is ignored, then also, rate determined by the Collector by award No. 20 of 2004, dated 30 th September, 2004, is on record whereby the Collector had awarded ₹ 4,69,955/ per bigha and thus, the appellantland owner is entitled to compensation at the rate of the said market value of the acquired land.
8. It is also informed by the learned counsel for the appellantland owner that for acquisition of the land in the same Village, i.e. Village Harnora, for the same purpose, i.e. construction of Kol Dam, coordinate Bench of this Court in RFA No. 41 of 2012, titled as NTPC Ltd., Kol Dam, Barmana, Bilaspur versus Ram Rakhi & another, has awarded compensation @ ₹ 4,69,955/ per bigha on the basis of highest rate determined by the Collector and the said ::: Downloaded on - 26/03/2018 23:27:09 :::HCHP 5 judgment has not been assailed further by the respondents herein, rather, stands complied with. Learned counsel for .
NTPC has also endorsed the said fact.
9. It is also undisputed that time of acquisition as well as location of the land in present case is proximate with case decided in RFA No. 41 of 2012 (supra) and, judgment in RFA No. 41 of 2012 (supra).
r to therefore, present appeal is also squarely covered by
10. Accordingly, in view of above discussion, appellantland owner is held entitled to compensation of acquired land at the rate of ₹ 4,69,955/ per bigha alongwith all consequential statutory benefits including interest and solatium under the Act.
11. The appeal is allowed in aforesaid terms.
Respondents are directed to calculate the amount and deposit the same in the Registry of this Court within three months from today.
(Vivek Singh Thakur) Judge 24th March, 2018 ( rajni ) ::: Downloaded on - 26/03/2018 23:27:09 :::HCHP