Himachal Pradesh High Court
Roop Lal vs State Of H.P. And Others on 22 December, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
RFA No. 305 of 2012 a/w RFA No. 306 of
2012
Date of Decision: 22.12.2022
______________________________________________________________
RFA No. 305 of 2012
Roop Lal ....Appellant.
Vs.
State of H.P. and others ....Respondents.
RFA No. 306 of 2012
Naresh Kumar ...Appellant.
r Vs.
State of H.P. and others ....Respondents.
Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1 Yes.
For the appellants: M/s Y.P. Sood and Parveen Kumar,
Advocates, in both the appeals.
For the respondents: M/s Dinesh Thakur and Sanjeev Sood,
Additional Advocate Generals, with Mr. Amit
Kumar Dhumal, Deputy Advocate General, for
respondents No. 1 and 3/State in both the
appeals.
Respondent No. 2 is ex parte, in both the
appeals.
Ajay Mohan Goel, Judge (Oral):
RFA No. 305 of 2012 a/w RFA No. 306 of 2012 a/w CMP No. 4972 of 2018 in RFA No. 305 of 2012 and CMP No. 5496 of 2018 in RFA No. 306 of 2012 As common issues of law and facts are involved in both these appeals, the same are being disposed of by a common judgment.
1 Whether the reporters of the local papers may be allowed to see the Judgment?
::: Downloaded on - 29/12/2022 20:31:19 :::CIS 22. The appellants herein are aggrieved by the Awards, dated 03.01.2012, passed by the learned Additional District Judge, Fast Track Court, .
Shimla, H.P. in Land Reference RBT No. 28-S/4 of 2007/05, titled as Shri Naresh Kumar Vs. The State of H.P. and others and Land Reference RBT No. 29-S/4 of 2007/05, titled as Shri Roop Lal Vs. The State of H.P. and others, in terms whereof, the Reference Petitions filed by them were disposed of by the learned Reference Court in the following terms:-
"32. In view of findings given on issues No. 1 above, the reference petition is allowed partly and it has been held that the adequate compensation was not given to the petitioners, for their acquired land by the Land Acquisition Collector in the award and as such, they are held entitled for the compensation of acquired land which has been assessed by this Curt as Rs.1189/- per sq. meter irrespective of kind and classification of the land. In addition to this, the petitioners are also entitled to:-
a) solatium @ 30% under Section 23(2) of Act on compensation assessed under Section 23(1) of the Act;
b) additional compensation under Section 23(1-A) of the Act @ 12% per annum on the market value determined above from the date of publication of the notification under Section 4 of the Act, till date of award of Collector;
c) interest @9% per annum on enhanced amount of compensation under Section 23(1), additional compensation under Section 23(1-A) and solatium under Section 23(2) of the Act from the date of notification under Section 4 of the Act for the first one year and thereafter, @ 15% per annum.::: Downloaded on - 29/12/2022 20:31:19 :::CIS 3
d) interest under Section 34 of the Act from the date of notification under Section 4 of the Act, if not paid, on the enhanced amount of compensation.
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However, the amount of compensation if already paid shall be adjusted towards the amount of compensation. Reference is accordingly answered. Memo of costs be prepared. The file after completion, be consigned to record room."
3. The Reference Petitions arose out of the common Award No. 1/2003, dated 30.03.2005, passed by the Land Acquisition Collector-cum-Sub Divisional Officer (Civil), Shimla (Rural), H.P., which was passed on account of acquisition of land for the purpose of construction of Inter State Bus Stand (Phase-II) by the H.P. Bus Stand Management and Development Authority, for which, Notification under Section 4 read with provisions of Section 17(4) of the Land Acquisition Act was published on 25.06.2003, followed by issuance of Notification under Sections 6 and 7 of the Land Acquisition Act on 27.11.2003.
4. Learned counsel for the appellants has argued that the present appeals can be disposed of by awarding to the appellants compensation as has been assessed later on by the learned Reference Court in other Reference Petitions preferred before it under Section 18 of the Land Acquisition Act by the land owners, whose land was also acquired by the respondents for the same purpose and under the same Notification. Learned counsel for the appellants has referred to the applications filed under Section 41, Rule 27 of the Code of Civil Procedure and has submitted that the Awards in the present appeals were passed by the learned Reference Court on 03.01.2012, whereas, subsequent Awards reliance upon which is being placed by learned counsel for the appellants were ::: Downloaded on - 29/12/2022 20:31:19 :::CIS 4 announced by the learned Reference Court on 28.11.2014. He thus submitted that the additional evidence appended with the applications being necessary for the .
purpose of adjudication of the appeals and further not earlier being with the appellants, as the Award was announced subsequently, be taken on record and the appeals be disposed of by granting compensation to the appellants, in terms of the compensation assessed by the learned Reference Court in the subsequent Reference proceedings. Learned counsel further submitted that as per his instructions, no appeal has been preferred against the latter Award, dated 28.11.2014 by the Himachal Pradesh Road Transport Corporation or the H.P. Bus Stand Management and Development Authority, though the land owners have approached this Court for enhancement of the Award.
5. Learned Additional Advocate General has submitted that there is no infirmity in the Awards passed by the learned Reference Court and in this view of the matter, the present appeals be dismissed. As far as the additional evidence intended to be produced on record by the appellants is concerned, learned Additional Advocate General has drawn the attention of the Court to the reply filed to the said applications, in which, the factum of subsequent Award having been passed has not been disputed. Learned Additional Advocate General has further submitted that the enhanced compensation, as is being sought by the appellants, cannot be granted to them. He also submitted that the applications have been filed at a belated stage, as the appeals were filed in the year 2012, whereas the applications were filed only in the year 2018.
6. I have heard learned counsel for the parties and have also gone through the Awards under challenge as well as the subsequent Awards passed by ::: Downloaded on - 29/12/2022 20:31:19 :::CIS 5 the learned Reference Court, appended with the applications filed under Order 41, Rule 27 of the Code of Civil Procedure.
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7. It is not much in dispute that the subsequent Award pertains to the land, which was acquired by the respondents for the same purpose and under the same Notification. The appellants herein, in terms of the Awards under challenge, were granted compensation qua the acquired land @Rs.1189/- per sq. mtrs. In terms of the subsequent Award passed by the learned Reference Court, the compensation has been assessed @Rs.4270/- per sq. mtrs. This Court is of the considered view that as the intent of the Land Acquisition Act, on one hand is to compulsorily acquire land for public purpose and on the other hand is to ensure that the land owner is adequately compensated, therefore, the land owners who have been granted compensation on the lower side cannot be deprived the benefit of subsequent adjudications, that may be made by the learned Reference Court, which are relatable not only to the same land, but also to the land acquired under the same Notification. In fact, a perusal of the provisions of the Land Acquisition Act, 1894 demonstrates that the intent of Section 28-A thereof is also the same. In other words, had the present appellants not even preferred Reference Petitions under Section 18 of the Land Acquisition Act, then also, in terms of the subsequent Award announced by the learned Reference Court on 28.11.2014, they had a legal right to seek said enhanced compensation by moving an appropriate application before the Collector concerned.
8. Hon'ble Supreme Court in Ravindra and another Vs. Special Land Acquisition Officer, UKP, Bagalkot (2017) 11 Supreme Court Cases 495 was pleased to grant compensation to the appellants therein in terms of the ::: Downloaded on - 29/12/2022 20:31:19 :::CIS 6 compensation which was granted in respect of same acquisition to other villagers, which was on the higher side.
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9. Similarly, in Narendra and others Vs. State of Uttar Pradesh and others (2017) 9 Supreme Court Cases 426, the Hon'ble Supreme Court has been pleased to reiterate the view earlier taken by the Hon'ble Supreme Court in Ashok Kumar Vs. State of Haryana (2016) 4 SCC 544 that it was the duty of the Court to award just and fair compensation taking into consideration true market value and other relevant factors, irrespective of claim made by the landowner and there is no cap on the maximum rate of compensation that can be awarded by the Court and the Courts are not restricted to awarding only that amount that has been claimed by the landowners/applicants in their application before it.
10. Accordingly, in view of the above observations, these appeals are allowed, so also the applications filed under Order 41, Rule 27 of the Code of Civil Procedure and the Awards passed by the learned Reference Court, which are under challenge by way of these appeals, are modified to the extent that the appellants are held entitled to enhanced compensation @Rs.4270/- per sq.mtrs. of the acquired land. The other statutory benefits as have been given by the learned Reference Court in favour of the appellants shall now be assessed on the basis of the enhanced amount of compensation, as has been granted by this Court. It is further ordered that the appellants will deposit the difference in the Court Fee within a period of eight weeks from today. The appellants shall also be entitled to costs of litigations. Miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel) Judge December 22, 2022 (bhupender) ::: Downloaded on - 29/12/2022 20:31:19 :::CIS