Himachal Pradesh High Court
Union Of India vs Teju And Another on 26 December, 2016
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 99 of 2008
Date of Decision : 26/12/2016
.
Union of India
.....Appellant.
Versus
Teju and another
.....Respondents.
Coram
of
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?.
rt
For the appellant: Ms. Sukarma Sharma, Advocate, vice
Mr. Ashok Sharma, ASGI.
For the respondents: None for respondent No.1.
Mr. Vivek S. Attri, Dy.A.G. for
respondent No.2.
Sureshwar Thakur, Judge (Oral)
Learned counsel appearing for the parties submit that the present lis is squarely covered by a decision rendered by this Court in RFA No. 310 of 2007 titled as Union of India vs. Jagat Ram and another, decided on 6.11.2015, which stands extracted hereinbelow:-
This Regular First Appeal is directed against the award dated 28.9.2006 rendered by the Additional District Judge, Fast Track Court, Kullu in Reference No. 15 of 2003 RBT No. 139/2004.
2. "Key facts" necessary for the adjudication of this appeal are that notification under section 4 of the Land Acquisition Act (hereinafter referred to as the "Act" for brevity sake) was issued on 23.12.1993 for Phati Barua. The notification was published in Rajpatra Himachal Pradesh Extraordinary on 3.1.1994 and was also published in the local area vide separate notification. The notifications under sections 6 and 7 were issued on 27.11.1995. These were published locally. The notice ::: Downloaded on - 15/04/2017 21:49:02 :::HCHP 2 was also published in newspapers Jansatta, Vir Pratap, Jallandhar, Dainik Tribune and Hindi Milap. Inquiry was conducted by the revenue staff on the spot. Notices under section 9 of the Act were also issued.
3. The respondents filed objections. Award was .
made by the Collector on 24.11.1997. The Collector has assessed the following rates of Phati Barua:
1. Bagicha Rs. 10,000/- per biswa (Rs. 2 lac per bigha);
2. Bathal Doem Rs. 3,500/- per biswa ( 0.70 lac per bigha);
3. Bathal Chehram Rs. 2,000/- per biswa (0.40 lac per bigha);
4. Gair Mumkin Rs. 1,000/- per biswa (0.20 lac per of bigha).
4. Accordingly, market Value of the acquired land was worked out on the basis of above rate as under:
1. Market value of 371-09-00 bigha land = Rs. 169.245 rt
2. Solatium 30% of above = Rs. 50.77350
3. Payment u/s 23-1 (A) w.e.f. 23.12.93 to 23.11.97 @ 12% p.a. = Rs. 79.54515
-------------------
= Rs.299.56365
5. Respondent No.1 feeling aggrieved by the award made by the Collector made a reference. It was referred to the learned Additional District Judge, Fast Track Court, Kullu. He made the award on 28.9.2006. He assessed the compensation amount for Phati Barua at Rs. 11,160/- per biswa for the acquired land. Appellant has approached this Court assailing the award dated 28.9.2006.
6. Mr. Nipum Sharma has vehemently argued that the award is excessive. The parameters laid down for assessment of the compensation have not been taken into consideration by the learned Additional District Judge, Fast Track Court. The evidence led by his client have not been considered in right perspective, more particularly, qua sale deeds.
7. Mr. Vivek Singh Thakur has supported the award dated 28.9.2006.
8. I have heard the learned counsel for the parties and have gone through the records carefully.
9. Dile Ram has deposed that the land was acquired by the Government of India to construct Army Transit Camp at Phati Palchan and Phati Barua. It was acquired in the year 1993.
::: Downloaded on - 15/04/2017 21:49:02 :::HCHP 3The acquired land is situated near National Highway-21. Manali Bazaar is situated on the lower side of the land and Solang Nullah and Rohtang Pass are situated on the upper side of the land. Solang Nullah is a famous tourist spot. There is huge flow of tourists to Rohtang Pass. Whispering Rock Resort .
is also situated adjacent to the land. Hotel of Rama Nand Sagar is also situated there. Value of the land was Rs. one lakh per biswa at the time of acquisition. There was increasing trend in the price of land. The Land Acquisition Collector has granted inadequate compensation. The award was made in their absence. The evidence led by Dile Ram has remained unrebutted.
10. The landholders have relied upon two sale of transactions to assess the market value of Phati Barua vide Ex.PW-1/A and Ex.PW-4/A. According to Ex.PW-1/A, two biswas of land in Phati Barua was sold for consideration of Rs. 30,000/-. It was executed on 20.12.1993. Three biswas of land was sold in Phati Barua for consideration of Rs. 55,500/- vide rt sale deed Ex.PW-4/A. It was executed on 1.2.1992. Appellant has not led any evidence that sale transactions Ex.PW-1/A and Ex.PW-4/A were not bona fide. The sale deeds were executed voluntarily. The vendee of Ex.PW-4/A was Cooperative Society. Therefore, genuineness of this sale transaction cannot be doubted. According to Ex.PW-1/A the value of one biswa of land in the year 1993 in Phati Barua was to the tune of Rs.
15,000/- whereas the price of one biswa of land as per sale deed Ex.PW-4/A was to the tune of Rs. 18,500/- in the year 1992. Learned Additional District Judge has rightly given 10% appreciation and assessed the value of one biswa of land at Rs.
22,200/-. However, fact of the matter is that these sale transactions pertain to small pieces of land, as such, the Additional District Judge has deducted 40% towards development charges and the market value after 40% deduction came to Rs. 11,660/- per biswa. The Collector has assessed the market value of the land at Phati Barua at Rs. 4,125/- per biswa. The same was inadequate.
11. The Additional District Judge has correctly assessed the market value @ Rs. 11,660/- per biswa of land acquired in Phati Barua alongwith statutory benefits. The acquired land was to be used for setting up Army Transit Camp. The acquired land is situated near National Highway-21. Famous resorts are also near the vicinity of acquired land.
12. In view of the analysis and discussion made hereinabove, there is no merit in the present appeal and the same is dismissed. Pending application(s), if any, also stands disposed of. There shall, however, be no order as to costs.
::: Downloaded on - 15/04/2017 21:49:02 :::HCHP 42. Consequently, in view of the aforestated submissions addressed herebefore also when a similar appeal bearing RFA No. .
310/2007 stands already disposed of by this Court, hence the present appeal filed herebefore by the appellant herein is also disposed of on the same terms which stand extracted hereinbefore. All pending applications, if any, stand disposed of accordingly.
of
26th December, 2016 (Sureshwar Thakur)
(pankaj) rt Judge.
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