Himachal Pradesh High Court
Rfa No. 382/2008 vs Respondent on 21 November, 2015
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RFA No. 382/2008 alongwith RFA Nos.
.
383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406 and 407 of 2008 Reserved on : 19.11.2015 Decided on: 21.11.2015 of ___________________________________________________
1. RFA No. 382/2008 Collector Land Acquisition & another ...Appellants.
rt Karam Singh Versus .Respondent.
2. RFA No. 383/2008 Collector Land Acquisition & another ...Appellants.
Versus Keshav and another .Respondents 3. RFA No. 384/2008 Collector Land Acquisition & another ...Appellants.
Versus Bhagat Ram & others .Respondents 4. RFA No. 385/2008 Collector Land Acquisition & another ...Appellants.
Versus
Roop Singh .Respondent.
5. RFA No. 386/2008
Collector Land Acquisition & another ...Appellants.
Versus
Lachhman & others .Respondents
6. RFA No. 387/2008
Collector Land Acquisition & another ...Appellants.
::: Downloaded on - 15/04/2017 19:22:32 :::HCHP
2
Versus
Tara Chand and another
.Respondents
.
7. RFA No. 388/2008
Collector Land Acquisition & another ...Appellants.
Versus
Devi Ditta .Respondent.
8. RFA No. 389/2008
Collector Land Acquisition & another ...Appellants.
of
Versus
Parma and another .Respondents
9. RFA No. 390/2008
rt
Collector Land Acquisition & another Versus ...Appellants.
Dhan Dev .Respondent. 10. RFA No. 391/2008 Collector Land Acquisition & another ...Appellants. Versus Himati Devi and others .Respondents 11. RFA No. 392/2008 Collector Land Acquisition & another ...Appellants. Versus Prithvi Chand & others .Respondents 12. RFA No. 393/2008 Collector Land Acquisition & another ...Appellants. Versus Munshi Ram .Respondent. 13. RFA No. 394/2008 Collector Land Acquisition & another ...Appellants. Versus Prema & others .Respondents 14. RFA No. 395/2008 ::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 3 Collector Land Acquisition & another ...Appellants. Versus Dinesh Kumar & others .Respondents . 15. RFA No. 396/2008 Collector Land Acquisition & another ...Appellants. Versus Haria Ram & others .Respondents 16. RFA No. 397/2008 Collector Land Acquisition & another ...Appellants. of Versus Prakash Chand & others .Respondents 17. RFA No. 398/2008 rt
Collector Land Acquisition & another Versus ...Appellants.
Parma .Respondent 18. RFA No. 399/2008 Collector Land Acquisition & another ...Appellants. Versus Subh Karan & others .Respondents 19. RFA No. 400/2008 Collector Land Acquisition & another ...Appellants. Versus Dile Ram & others .Respondents 20. RFA No. 401/2008 Collector Land Acquisition & another ...Appellants. Versus Param Dev .Respondent. 21. RFA No. 402/2008 Collector Land Acquisition & another ...Appellants. Versus Hem Singh .Respondent. 22. RFA No. 403/2008 ::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 4 Collector Land Acquisition & another ...Appellants. Versus Harnu & others .Respondents . 23. RFA No. 404/2008 Collector Land Acquisition & another ...Appellants. Versus Chawdhary & another ..Respondents 24. RFA No. 405/2008 Collector Land Acquisition & another ...Appellants. of Versus Kamla Devi .Respondent 25. RFA No. 406/2008 rt
Collector Land Acquisition & another Versus ...Appellants.
Sewak .Respondent.
26. RFA No. 407/2008
Collector Land Acquisition & another ...Appellants.
Versus
Karam Singh .Respondent.
_________________________________________________________ Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting? 1 Yes (in all the cases) For the Appellants : Mr. Shrawan Dogra, Advocate General with Mr. Parmod Thakur, Addl. A.G. For the Respondents : Mr. G. Palsra, Advocate.
____________________________________________________________ 1 Whether reporters of the local papers may be allowed to see the judgment? Yes ::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 5 Justice Rajiv Sharma, Judge.
Since common questions of law and facts are .
involved in all these appeals, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity, facts of RFA No. 382 of 2008 have been taken into of consideration.
2. These appeals are instituted against the award rt dated 30.4.2008, rendered by the Presiding Officer, Fast Track Court, Mandi in reference petition Nos. 146/2002, 11/05, 144/2002, 36/2005, 143/2002, 35/2005, 147 of 2002, 34/2005, 141/2002, 33/05, 149/2002, 32/05, 142.2002, 31/2005, 145/2002, 13/05, 148/2002, 29/2005, 150/2002, 28/05, 151/2002, 20/2005, 152/2002, 19/2005, 153/2002, 22/2005, 154/200217/2005, 155/2002,18/2005, 156/2002, 12/2005, 157/2002, 15/2002, 158/2002, 16/2005, 159/2002, 21/2005, 160/2002, 23/2005, 161/2002, 26/2005, 162/2002, 27/2005, 163/2002, 14/2005, 164/2002, 24/2005, 165/2002, 25/2005 and 166/2002, 30/2005.::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 6
3. "Key facts" necessary for the adjudication of these appeals are that notification under Section 4 of the .
Land Acquisition Act was published H.P. Rajpatra on 11.4.1992. The same was also published in the vernacular newspapers Jansatta on 28.4.1992 and Dainik Tribune on 30.4.1992. Wide publicity was given in the of locality on 5.6.1992. The notifications under Sections 6 and 7 were published in H.P. Rajpatra on 18.3.1993.
rt Notifications under Sections 6 and 7 were also published in the vernacular newspapers Jansatta (Hindi) and Milap on 21.3.1993. Wide publicity was also given in the locality on 24.6.1993. The land of the land holders was situated in Mohal Kehar Tehsil Sadar, District Mandi. The Land Acquisition Collector made the award. Respondents-land holders filed references against the award made by the Land Acquisition Collector before the Presiding Officer, Fast Track Court, Mandi. According to the Land holders, market value of the land was more than Rs. 1 lac per bigha. The petitions were contested by the appellants.
According to the appellants, adequate compensation was awarded to the land holders by the Land Acquisition Collector. Rejoinder was filed by one of the land holders.
::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 7Issues were framed by the Fast Track Court on 6.10.2003.
Learned Fast Track Court made an award on 30.4.2008 .
and awarded compensation @ Rs. 60,000/- per bigha with all the statutory benefits. Hence, the present appeals.
4. Mr. Parmod Thakur, learned Additional Advocate General has vehemently argued that the of compensation awarded by the Reference Court is exorbitant. He has also contended that the sale deeds Ext.
rt RA and RB have wrongly been overlooked by the Reference Court.
5. Mr.G.R. Palsra, has supported the award dated 30.4.2008.
6. I have heard the learned counsel for the parties and have gone through the record carefully.
7. Pawan Kumar Sharma has appeared as PW-1.
He has relied upon sale deed Ext. PA, dated 1.12.1990.
According to him, they were paid compensation @ Rs.
20,000/- per bigha. Though, they were entitled to Rs. 1 lac per bigha. The acquired land was fertile and irrigated.
It was connected with state highway and national highway. The acquired land was in the vicinity of +2 school and Ayurvedic hospital. The land was suitable for ::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 8 growing fresh vegetables. The possession of the land was taken over in the year 1988. However, in his cross-
.
examination he has admitted that National Highway does not adjoin their land, but their land abuts State Highway.
8. PW-2 Bali Ram has deposed that his father has sold 2 biswas of land @ Rs. 3000/- per biswa on of 1.12.1990. The price of per bigha land was Rs. One lakh bigha and the land was properly irrigated.
9. rt PW-3 Asha Devi has deposed that she has purchased 2 biswas of land for Rs. 6000/- vide sale deed Ext. PA. She has purchased the land for growing vegetables.
10. RW-1 Ram Singh has produced the sale deeds Ext. RA and Ext. RB. In his cross-examination, he has admitted that the sale deeds were in accordance with the market value. He has not denied that the market value is ordinarily less than the actual value reflected in the sale deed.
11. RW-2 Tulsi Ram has deposed that the land was acquired for the construction of Kuhal under the Balh valley irrigation project. He has admitted that vegetables were grown over the acquired land. He has not ::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 9 denied that the lands sold vide Ext. RA and RB were at a distance about 2 kms from the acquired land. He has .
admitted that vegetables were sown in some parts of kehar mohal.
12. The notification under Section 4 was published on 11.4.1992. It was duly published in of vernacular newspapers Jansatta and Dainik Tribune on 28.4.1992 and 30.4.1992 respectively. PW-3 Smt. Asha rt Devi has purchased 2 biswas of land for Rs. 6000/- vide sale deed Ext. PA. This land is situate in the same mohal where the land has been acquired. So far the sale deeds Ext. RA and RB are concerned, the land of these sale deeds was situate at a distance of 2 Kms from the acquired land in a different mohal. The land acquired was irrigated. It was situated near +2 school. Ayurvedic hospital was also nearby the acquired land. It abuts the state highway. PW-3 Asha Devi has purchased the land for growing vegetables. Learned Presiding Officer Fast Track Court, Mandi has rightly awarded Rs. 60,000/- per bighas with statutory benefits. The compensation awarded cannot be held to be exorbitant.
::: Downloaded on - 15/04/2017 19:22:32 :::HCHP 1013. Accordingly, in view of the discussion and analysis made hereinabove, all the appeals are dismissed.
.
Pending application(s), if any, also stands disposed of.
There shall, however, be no order as to costs.
(Justice Rajiv Sharma), Judge.
21.11.2015 of *awasthi* rt ::: Downloaded on - 15/04/2017 19:22:32 :::HCHP