Himachal Pradesh High Court
State Of Himachal Pradesh And Others vs Ashok Kumar Sharma And Others on 5 January, 2016
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 59/2009 Reserved on : 31.12.2015 Decided on 5.1.2016 .
________________________________________________________________ State of Himachal Pradesh and others ..Appellants Versus Ashok Kumar Sharma and others ..........Respondents ________________________________________________________________ Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge of Whether approved for reporting? 1 yes.
For the Appellants : Mr. Parmod Thakur, Additional
rt Advocate General.
For the Respondents :
Mr. G.R. Palsra, Advocate, for
respondents No.1 and 3 to 7.
________________________________________________________________ Rajiv Sharma, Judge :
This Regular First Appeal is directed against Award dated 25.10.2008 rendered by learned Additional District Judge, Mandi, Himachal Pradesh in Reference Petition No. 108/2002.
2. Brief facts necessary for the adjudication of the present appeal are that the Government issued notification dated 23.2.1993 under section 4 of the Land Acquisition Act (hereinafter referred to as 'Act' for convenience sake) for acquiring land for the purpose of construction of National Highway 20. It was published in HP Rajpatra on 20.3.1993. Wide publicity was given in the locality on 5.5.1993. Declaration under Sections 6 and 7 of the Act was published in HP Rajpatra on 2.10.1993 and 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 19:39:54 :::HCHPin the daily edition of Jansatta and Hindi Milap on 8.10.1993 and 1.1.1994, respectively. Wide publicity was given in the locality on 30.11.1993. Land of the respondents-claimants (hereinafter .
referred to as 'claimants' for convenience sake) was also acquired.
Collector made Award on 7.12.1995. Claimants feeling aggrieved with the Award dated 7.12.1995, moved an application for making reference through LAC HPPWD to Additional District of Judge, Mandi. Claimants claimed compensation of the land at the rate of ` 10 Lakh per bigha and also compensation at the rate of `20,000/- for non-fruit bearing trees and `50,000/- for fruit bearing rt trees. Petition was contested by the appellants.
According to the appellants, Collector has made a fair and adequate compensation as per prevalent market value of the land in the Mohal. Learned Additional District Judge framed issues and awarded a sum of ` 80,500/- per bigha with statutory benefits. Hence, this Regular First Appeal.
3. Mr. Parmod Thakur, Additional Advocate General has vehemently argued that the learned Additional District Judge has overlooked sale deed Exts. DX and DY. He then contended that there is misreading of oral as well as documentary evidence.
He lastly contended that sale deed Ext. PW-2/A dated 23.5.1992 could not be taken into consideration by the learned Additional District Judge.
::: Downloaded on - 15/04/2017 19:39:54 :::HCHP4. Mr. G.R. Palsra, Advocate, has supported Award dated 25.10.2008.
5. I have heard the learned counsel for the parties and .
also gone through the Award and record carefully.
6. PW-1 Ashok Kumar Sharma has deposed that the land was situate in Mohal Gwali . He has raised fruit bearing trees on the same. Compensation awarded by the Collector was of on conservative side. They were rendered homeless and also left with no land abutting the road.
7. PW-2 Sunil Dutt deposed that house of Ashok rt Kumar Sharma was near his house. His land was acquired. He purchased land from Lachhi Ram measuring 0-2-18 Bigha on 23.5.1992 for a sum of `33,350/-. Land of Ashok Kumar abuts the National Highway. Sale deed is Ext. PW-2/A. According to him, value of land at the time of acquisition in Mohal was at the rate of `2,50,000 to 3,00,000/- per Bigha.
8. RW-1 Inder Singh Rawat, Assistant Engineer, deposed that acquired land is situate at a lonely and deserted place. There is neither government office nor any school.
9. According to Ext. DX land measuring 0-5-0 Bighas situate in village Padhar was sold for `5,900/-. Thus price of one bigha comes to `23,600/-. According to sale deed Ext. DY, land measuring 1-19-6 bigha in Khasra No. 527 and land measuring 6-12-14 bighas bearing Khasra No. 526/1 situate in Mohal Gwali ::: Downloaded on - 15/04/2017 19:39:54 :::HCHP was sold to State Electricity Board for `1,29,000/-. So, as per sale deed Ext. DY, value of one bigha of land comes to `15,000/-.
Similarly, as per sale deed Ext. PW-2/A land measuring 0-2-18 .
bigha was sold for `33,500/-. The value of one bigha as per sale deed Ext. PW-2/A comes to `2,23,000/-. Thus, the total average value of one bigha on the basis of Ext. PW-2/A and Exts. DX and DY comes to `89,533.33. Land abuts National Highway 20. It has of great potentiality vis-à-vis land situate away from the National Highway.
10. Learned Reference Court has rightly assessed the rt value of one bigha at `89,500. There is no occasion for this Court to interfere with the well reasoned Award of the Reference Court.
11. Accordingly, there is no merit in the present appeal also and the same is dismissed.
Pending applications, if any, are also disposed of.
(Rajiv Sharma) Judge January 5, 2016 (vikrant) ::: Downloaded on - 15/04/2017 19:39:54 :::HCHP