Himachal Pradesh High Court
State Of H.P. Through vs Land Acquisition Collector on 7 October, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7nd DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR.JUSTICE SANDEEP SHARMA
REGULAR FIRST APPEAL No.317 OF 2014
ALONGWITH
REGULAR FIRST APPEAL NOS.318 & 386 OF 2014
Between:-
1. RFA NO.317 OF 2014
1. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY IPH
TO THE GOVT.OF H.P.
SHIMLA.
2.
THE LAND ACQUISITION COLLECTOR,
SHAHNEHAR, FATEHPUR,
TEHSIL FATEHPUR,
DISTT.KANGRA, HP.
......APPELLANTS
(BY SH. SUDHIR BHATNAGAR, AND
SH. DESH RAJ THAKUR, ADDITIONAL
ADVOCATE GENERALS WITH
SH.NARENDER THAKUR, DEPUTY
ADVOCATE GENERAL.)
AND
SH.JAI SINGH
S/O COL.SOHAN SINGH,
S/O BHIKHAM SINGH,
RESIDENT OF MOHAL AND MOUZA
REY,
TEHSIL FATEHPUR,
DISTRICT KANGRA (HP)
...RESPONDENT/CLAIMANT.
(BY MR.GAURAV GAUTAM, ADVOCATE)
2. RFA NO.318 OF 2014
1. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY IPH
TO THE GOVT.OF H.P.
SHIMLA.
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2. THE LAND ACQUISITION COLLECTOR,
SHAHNEHAR, FATEHPUR,
TEHSIL FATEHPUR,
DISTT.KANGRA, HP.
......APPELLANTS
.
(BY SH. SUDHIR BHATNAGAR, AND
SH. DESH RAJ THAKUR,
ADDITIONAL ADVOCATE GENERALS
WITH SH.NARENDER THAKUR,
DEPUTY ADVOCATE GENERAL.)
AND
SH.JAI SINGH
S/O COL.SOHAN SINGH,
S/O BHIKHAM SINGH,
RESIDENT OF
MOHAL AND MOUZA REY,
TEHSIL FATEHPUR,
DISTRICT KANGRA (HP)
...RESPONDENT/CLAIMANT.
(BY MR.GAURAV GAUTAM, ADVOCATE)
3. RFA NO.386 OF 2014
1. THE LAND ACQUISITION COLLECTOR,
SHAHNEHAR, FATEHPUR,
TEHSIL FATEHPUR,
DISTT.KANGRA, HP.
2. THE PRINCIPAL SECRETARY IPH
TO THE GOVT.OF H.P.
......APPELLANTS
(BY SH. SUDHIR BHATNAGAR, AND
SH. DESH RAJ THAKUR,
ADDITIONAL ADVOCATE GENERALS
WITH SH.NARENDER THAKUR,
DEPUTY ADVOCATE GENERAL.)
AND
SH.MADAN LAL
S/O SH.HARI LAL,
RESIDENT OF VILLAGE AND POST
OFFICE, MOHAL AND MOUZA REY,
TEHSIL FATEHPUR,
DISTRICT KANGRA (HP)
...RESPONDENT/CLAIMANT.
(BY MR.GAURAV GAUTAM, ADVOCATE)
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3
Whether approved for reporting ?
This appeal coming on for orders this day, the Court passed the
following:
JUDGMENT
.
Since all the above captioned appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), are directed against the award dated 23.11.2012, passed by learned Additional District Judge-(I), Kangra at Dharamshala, in Reference Case RBT No.23-J/10, titled as: Shri Madan Lal vs. Land Acquisition Collector, alongwith other connected matters, as described in the award, the same are being taken up together for adjudication with the consent of learned counsel representing the parties.
2. I have heard learned counsel for the parties and gone through the record of the case.
3. It is not in dispute that the suit land belonging to the claimants-respondents, came to be acquired for public purpose; namely construction of Shah Nehar Project, Fatehpur and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 28.09.2007. The Land Acquisition Collector (for short 'LAC') passed an award and awarded compensation of the acquired land as per the classification of the land mentioned in the award.
4. Claimants, who are respondents in these appeals, being aggrieved and dissatisfied with the amount of ::: Downloaded on - 31/01/2022 23:11:31 :::CIS 4 compensation awarded by 'LAC', preferred Reference Case RBT No.23-J/10 (supra) under Section 18 of the Act, before the learned Additional District Judge-I, Kangra at Dharamshala, .
H.P., seeking therein enhancement of compensation. Learned Additional District Judge-I, Kangra at Dharamshala vide impugned award dated 23.11.2012, re-determined the market value of entire land irrespective of classification on uniform basis and awarded a sum of Rs.7.5 lacs per hectare as per detail given in the impugned award.
5. Being aggrieved and dissatisfied with the impugned award dated 23.11.2012, passed by the learned Additional District Judge-I, Kangra at Dharamshala, H.P. in Reference Petition No. 23-J/10 (supra), having been filed under Section 18 of the Act, appellants have approached this Court for setting aside the same.
6. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for the same purpose i.e. for construction of Shah Nehar Project in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act, had filed land reference petitions before the learned Additional District Judge-
I, Kangra at Dharamshala, praying therein to enhance the compensation awarded by 'LAC', in its award. Those reference petitions were clubbed and disposed of by a common award, ::: Downloaded on - 31/01/2022 23:11:31 :::CIS 5 wherein the Reference Court re-determined the market value of entire land irrespective of classification on uniform basis and awarded a sum of Rs.7.5 lacs per hectare, which has been .
reaffirmed by a Co-ordinate Bench of this Court vide judgment dated 01.06.2016 in RFA No.953 of 2012-C, titled as: Land Acquisition Collector & Another vs. Jatinder Singh, (for short "Jatinder Singh's case") alongwith connected matters.
7. Mr.Gaurav Gautam, learned counsel representing the respondents-claimants, while placing reliance upon the judgment passed in RFA No.953 of 2012-C (supra), contended that these appeals also deserve to be dismissed, in terms of aforesaid judgment. He further argued that since this Court had upheld the findings of Reference Court, returned in the aforesaid Reference Petitions, therefore, the claimants in these appeals are also entitled to market value of entire acquired land as done by Reference Court.
8. Mr.Narender Thakur, learned Deputy Advocate General, representing appellants-State, while fairly acknowledging the factum with regard to passing of judgment in RFA No.953 of 2012-C (supra), was not able to refute the fact that claimants-respondents in these appeals are also entitled to enhanced market value of acquired land.
9. Consequently, in view of aforesaid discussion as well as fair stand adopted by Mr.Narender Thakur, learned ::: Downloaded on - 31/01/2022 23:11:31 :::CIS 6 Deputy Advocate General, representing the appellants-State, present appeals are dismissed and it is ordered that directions contained in RFA No.953 of 2012-C, titled as: Land .
Acquisition Collector & Another vs. Jatinder Singh, shall mutatis mutandis apply to the present cases also.
10. Appellant-State is directed to deposit the entire award amount in the Registry of this Court within a period of eight weeks from today, if not already deposited.
11. Interim order, if any, is vacated. All the miscellaneous applications are disposed of.
October 7, 2021 (Sandeep Sharma)
(aks) Judge
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