Himachal Pradesh High Court
______________________________________________________ vs Asha Devi And Others on 29 November, 2019
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .
RFA No. 114 of 2016
Reserved on: 1.11.2019
Decided on: 29.11.2019
______________________________________________________ State of H.P and others .... Appellants.
Versus Asha Devi and others ....Respondents.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge. Whether approved for reporting?1 Yes.
For the Appellants: Mr. Hemant Vaid, Mr. Arvind Sharma, Additional Advocate General(s) with Mr. Y.S Thakur, Deputy Advocate General.
For the Respondents: Mr. Dalip K Sharma, Advocate. ______________________________________________________ Sureshwar Thakur, Judge.
The land owners' land become acquired, for, construction, of, a pump house. Evidently, the acquired land stands classified, in, the apposite revenue record, as, "Ghasni Land".
2. The land Acquisition Collector, visavis, the afore acquired land, hence, owned by the respondents 1 Whether reporters of the local papers may be allowed to see the judgment?
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herein, had assessed compensation borne, in, a sum of .
Rs.27,447/ per bigha. The land owners becoming aggrieved, cast a challenge thereagainst, through, preferring, a, Land Reference Petition, before the learned District Judge, Solan, Himachal Pradesh.
3. The learned Reference Court, impugned award, has, visavis the acquired land, hence r under, the assessed compensation, at, the rate of Rs.11,43,625/ per bigha, and, also all the statutory benefits also became levied thereon.
4. The State of Himachal Pradesh becoming aggrieved therefrom, has, hence through constituting the instant appeal before this Court, has, strived to beget reversal thereof.
5. Apparently the dependence, as, made by the land owners, upon, Ex. PW1/B, and, upon Ex. PW1/C, for, therethrough compensation amount becoming assessed, hence above the amounts, rather determined, by, the Land ::: Downloaded on - 02/12/2019 20:26:08 :::HCHP ...3...
Acquisition Collector concerned, becomes tenably declined, .
and, rejected. Apparently, for evident wants, of, the requisite, and, legally imperative parameters remaining unsatiated, and, comprised, in, interse proximity occurring interse lands, borne in the afore sale exemplars, and, visavis the acquired lands, (i) and also for lack of evidence, qua interse proximity rather occurring interse the issuance, of, a notification under Section 4, of, the Land Acquisition Act, wherethrough, the, acquired lands, were, proposed to be put to acquisition, and, visavis the afore executed sale exemplars, hence becoming adduced, reiteratedly, for, bringing satiation hence thereto.
6. Be that as it may, dehors, yet rather with no other tangible evidence existing on record, before the learned Reference Court, to, aptly facilitate it, to, proceed to determine, just fair and reasonable compensation, visa vis, the acquired land, (a) however, the learned Reference Court, despite, the acquired lands becoming evidently ::: Downloaded on - 02/12/2019 20:26:08 :::HCHP ...4...
categorized, as, "Ghasni Land", and, also despite the .
category of "Kuhal Land" becoming not put to acquisition, rather proceeded, to, visavis, the afore category of acquired land, mete thereon compensation amount, as, determined, by, the Collector concerned, visavis, "Kuhal Land", and, as borne in a sum, of, Rs.11,43,625 per bigha.
The afore adoption by the learned Reference Court, is, a gross befitting recourse, as, it would beget validation, only, upon apart from the category, of, "Ghasni Land" becoming acquired, also, a substantial part of "Kuhal Land"
becoming also put to acquisition, for, the requisite purpose, and, obviously, upon, hence both the afore categories of land, becoming acquired, for, a common public purpose, (i) reiteratedly thereupon contradistinction(s), in, the categories of acquired lands, would become insignificant, and, also would become eclipsed. Since, the afore evidence is amiss, rather when evidently, only, the category of "Ghasni Land", has become put to acquisition, thereupon ::: Downloaded on - 02/12/2019 20:26:08 :::HCHP ...5...
the determination, of, compensation amount, visavis, the .
category of "Ghasni Land", on anvil, of, the market value carried, by a superior thereto category, of, "Kuhal Land" is grossly insagacious.
7. In view of the above, the appeal is allowed, and, the impugned award is quashed and set aside. All pending applications stand disposed of accordingly.
29th November, 2019 ( Sureshwar Thakur ),
(priti) Judge.
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