Himachal Pradesh High Court
Land Acquisition Collector & Another vs Mast Ram And Others on 18 March, 2015
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RFA No.233 of 2004 alongwith Cross-Objections No.108 of 2008.
Decided on: 18th March, 2015.
.
Land Acquisition Collector & another .. Appellants.
Versus
Mast Ram and others .. Respondents.
Coram
Whether approved for reporting?1 No.
r to
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
For the appellants : Mr. D.S. Nainta, Additional
Advocate General with Mr. Pushpinder
Singh Jaswal, Deputy Advocate
General.
For the respondents: Mr. C.S. Thakur, Advocate.
Dharam Chand Chaudhary, J. (oral).
This judgment shall dispose of the present appeal and also the Cross-Objections aforesaid. While the appellants-State aggrieved by the impugned award has preferred the present appeal, respondents cross-objectors for further enhancement of the compensation awarded by learned Additional District Judge below.
2. The appellants-State acquired the land of the respondents situate in village Chewala-Bakhanag in Tehsil Pachhad, District Sirmaur for the public purpose, namely construction of Yashwant Nagar-Daraodevria-Sarahan road. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. ::: Downloaded on - 15/04/2017 17:48:40 :::HCHP -2- Notification under Section 4 of the Land Acquisition Act (hereinafter to be referred as 'the Act') was issued on 11th September, 1996. The same was published in H.P. Rajpatra on 5th .
October, 1996. The Collector, Land Acquisition, appellant No.1 after observing the procedure prescribed under the Act made Award No.33 of 2000 and awarded the compensation to the right- holders qua different category of the acquired land as under:
Sr.No. Class of land Rates per bigha.
1. r Kuhal Salana ` 18,999.24
2. Kuhal Shashmahi ` 13,999.46
3. Ober Khadi ` 10,332.92
4. Obergair Khadi ` 6,499.74
5. Banjar Kadeem ` 1,499.74
6. Ghasni ` 1,166.62
7. Nakabal ` 500.00
Aggrieved by the same, the respondents-claimants and other right-holders had filed petitions under Section 18 of the Act for re- determination of the market value of the acquired land on the ground that the market value as determined and the compensation awarded in terms of the Collector's award to them is highly inadequate.
3. Learned lower Court after the parties having exchanged reply-affidavits and produced the evidence has answered the references including that filed by the respondents- ::: Downloaded on - 15/04/2017 17:48:40 :::HCHP -3- claimants herein vide award under challenge in the present appeal and thereby re-determined the market value of the acquired land at the rate of `13,999.46 per bigha irrespective of its .
classification and nature. The enhanced amount of compensation was ordered to be paid together with interest at the rate of 9% per annum from the date of taking over possession of the acquired land, viz 1st January, 1971 for the first year, i.e., upto 1st January, 1972 and thereafter at the rate of 15% till the amount so awarded is deposited. r
4. Aggrieved by the impugned award the appellant- State has filed the present appeal on the grounds that the market value of the land assessed by the Collector and compensation awarded was sufficient and adequate and that the enhancement thereof by learned lower Court is not legally and factually sustainable. Also, that the interest on the enhanced amount of compensation from the date of taking possession of the acquired land has also been granted unlawfully.
5. The respondents in the cross-objections to the award they preferred have, however, sought for the re-determination of the market value of the acquired land at the rate of `1,50,000/- instead of `13,999.46 per bigha on the ground that qua the same category of land and having similar potentiality in adjoining area, Maryog, compensation at the rate of `1,50,000/- has been awarded.
::: Downloaded on - 15/04/2017 17:48:40 :::HCHP -4-
6. During the course of arguments learned Counsel representing the respondents-Cross-Objectors has placed reliance on a judgment rendered by a Co-ordinate Bench of this Court on .
5th April, 2008 in RFA No.229 of 2004, titled LAC and others v. Joginder Singh and others and its connected matters RFAs No.230 to 232 of 2004.
7. As a matter of fact, RFAs No.229 of 2004 to 232 of 2004 were filed by the appellants-State against this very award under challenge in the present appeal. It is seen that Reference Petition No.25-N/4 of 2001, as was preferred by the present respondents is at Sr. No.5 of the impugned award. The appeals preferred by the appellant-State against the petitioners in Land References at Sr. No.1 to 4 of the impugned award are the one, stand disposed of vide judgment supra.
8. The facts of this case are identical to the one in LAC and others v. Joginder Singh and others decided vide judgment. Even the land involved in those matters acquired for the same public purpose was situated in the same village, i.e. Chewala- Bakhanag where the acquired land belonging to the respondents herein was situated.
9. The grounds of challenge in the present appeal are also the same as were raised by the appellants-State in the four appeals decided vide judgment supra. The evidence produced in the Court is also similar. It being so, the facts of the present appeal and also the Cross-Objections have to be decided as per the ::: Downloaded on - 15/04/2017 17:48:40 :::HCHP -5- judgment supra rendered by the Co-ordinate Bench in the similar appeals arising out of the same award.
10. Consequently, appeal filed by the appellants-State .
fails, the same is accordingly dismissed and Cross-Objections succeed and as a result thereof the respondents-claimants are awarded the compensation with respect to acquired land at the rate of `1,50,000/- per bigha irrespective of its nature and classification. Besides, they shall also be entitled to all statutory benefits, solatium and interest in accordance with the provisions contained under Section 23(1) of the Act. The interest on the enhanced amount of compensation in terms of Section 34 of the Act shall be payable to the respondents-claimants from 5th October, 1996, the date of publication of the notification in the official gazette and not from the date of taking over possession of the acquired land. The appeal and the Cross-Objections stood disposed of accordingly.
March 18, 2015 (Dharam Chand Chaudhary),
(rc) Judge.
::: Downloaded on - 15/04/2017 17:48:40 :::HCHP