Himachal Pradesh High Court
Ram Lal vs Collector Land Acquisition & Another on 17 April, 2017
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
RFA No. 477 of 2010 along
with RFA No. 60 of 2011.
.
Date of Decision: 17th April, 2017.
1. RFA No. 477 of 2010.
Ram Lal ..Appellant.
Versus
Collector Land Acquisition & another .....Respondents.
2. RFA No. 60 of 2011. r
Ram Prakash & others ..Appellants.
Versus
Collector Land Acquisition & another .....Respondents.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the Appellants: Mr. Naveen K. Bhardwaj,
Advocate.
For the Respondents: Mr. Vivek Singh Attri, Dy. A.G.
Sureshwar Thakur, Judge (Oral)
Both the aforesaid appeals are being disposed of by a common judgment as they pertain to lands which stood acquired under a notification common each of them besides 1 Whether reporters of the local papers may be allowed to see the judgment?
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thereupon the Land Acquisition Collector pronounced a .
common award.
2. Under the impugned awards, pronounced by the learned Reference Court, it, qua the land(s) of the landowners/appellants herein as stood brought to acquisition, assessed compensation with respect thereto, constituted in a sum of Rs.60210/- per biswa also thereupon he levied the imperative statutory benefits.
3. The learned counsel appearing for the aggrieved landowners has contended qua the learned Reference Court inaptly discarding the probative worth of Ex.PW3/B despite a visible display therein qua the property embodied therein holding proximity vis-a-vis the land(s) brought to acquisition.
However, the aforesaid submission falters, in the evident display, of the transaction embodied in sale deed borne on Ex. PW3/B standing executed inter se the relevant alienor vis-
a-vis the relevant alienee not only with respect to land measuring 5 biswansi(s) rather it cumulatively standing executed with respect to also a house erected thereon, ::: Downloaded on - 21/04/2017 23:57:31 :::HCHP ...3...
whereas, no recital occurs in Ex.PW3/B qua the respective .
valuations borne by the respective land(s) embodied therein and by the house erected thereon. For lack of the aforesaid display in Ex.PW3/B, thereupon, the sale consideration reflected therein, hence, cannot hold any play for empowering this Court to on anvil thereof determine/quantify or gauge the valuation of the land reflected in Ex.PW3/B, nor it commands any vigour qua thereupon this Court assessing compensation amount with respect to the apposite land(s) of the landowners. Therefore, the aforesaid contention addressed before this Court by the learned counsel appearing for the appellants herein/landowners for hence concerting to reverse the findings recorded by the learned Reference Court, warrants its standing rejected.
4. Be that as it may, the learned counsel appearing for the landowners/appellants herein has contended with vigour qua despite PW-2 Dinesh Kumar while tendering in his examination-in-chief, his affidavit borne on Ex.PW2/A, his also tendering sale deed No. 131 of 29.1.1999 borne on Ex. P-8, ::: Downloaded on - 21/04/2017 23:57:31 :::HCHP ...4...
besides in his testification his also voicing qua the land(s) .
depicted therein standing located in close proximity vis-a-vis the land(s) of the landowners as stood brought to acquisition, hence, rendered the sale consideration depicted therein to thereupon beget satiation qua the imperative tenet, for hence its standing borrowed therefrom besides it standing adopted for assessing compensation vis-a-vis the apposite land(s) of the landowners herein, whereas, its standing discarded by the learned Reference Court, thereupon, renders its verdict to stand flawed, with a vice of its discarding germane and apt material, for adjudging just and fair compensation qua the land(s) of the landowners herein. The aforesaid contention does hold vigour, conspicuously, when it stands borne out by the unshattered testification embodied in the examination-in-
chief of PW-2 also by the aforesaid articulations occurring in Ex.P-8. Since the learned Reference Court has ousted it from consideration, thereupon, its verdict especially when it may constitute the best evidence for its thereupon assessing just ::: Downloaded on - 21/04/2017 23:57:31 :::HCHP ...5...
and fair compensation vis-a-vis the land(s) of the landowners, .
hence, warrants interference.
5. For the foregoing reasons, the instant appeals are allowed and the award impugned hereat is quashed and set aside. In sequel, the matter is remanded to the learned Reference Court to after gauging the probative sinew of Ex. P-
8 proceed to within three months from today record its fresh decision upon the land reference petitions. The parties are directed to appear before the learned Reference Court on 11 th May, 2017. All pending applications also stand disposed of.
(Sureshwar Thakur) 17 th April, 2017. Judge.
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