Point of Law: Acquisition of Land - Three sale deeds - Determination of market value of land - Enhancement of Compensation - Average price of one biswa of land sold by way of these three sale deeds is between Rs.22,000/- to Rs.33,000/-. However, as land subject matter of these three sale deeds is small as compared to land acquired of present appellant, in considered view of this Court, fair compensation in favour of land owner can be said to be Rs.15,000/- per biswa.

JUDGMENT :

Ajay Mohan Goel, J.

This Regular First Appeal is directed against the Award, passed by the Court of learned District Judge, Mandi, District Mandi, H.P., in Reference Petition No.4 of 2005, titled as Manish Bhatia Versus State of H.P. & another, decided on 06.12.2011, vide which learned Reference Court has held that the petitioner therein i.e. the present appellant was not entitled for any enhancement of compensation, as the market value of the land as well as non- fruit bearing trees stood rightly assessed by the respondents.

2. Brief facts necessary for the adjudication of the present appeal are as under:-

The land of the appellant situated near the road head, in village Jilhan/Jhantingeri, Tehsil Padar, District Mandi, H.P., was acquired by the respondents with the intent of developing the same as a tourist place. Notification under Section 4 of the Land Acquisition Act was issued on 05.06.1997. Land measuring 7-18-0 bighas, in village Jilhan was purchased by the appellant on 19.09.1996, for a sum of Rs.2,00,000/-. Thereafter, on 27.12.1996, he again purchased land measuring 0-16-3 bigha in the same mauja, for a sum of Rs.50,000/-.

3. Land Acquisition Collector awarded an amount of Rs.3,65,188/- for 8-14-3 bighas of the land which stood acquired, whereas as per the appellant, the market value of the land was Rs.4,40,000/- per bigha. It was further the case of the appellant that he had spent huge amount for development of the land, for which no compensation stood awarded to him and, therefore, he was entitled for an Award of Rs.2,00,000/- on this behalf also. Feeling aggrieved, he filed the reference.

4. The Reference Petition was answered by learned District Judge, Mandi, District Mandi, H.P., by holding that the land owner was not entitled for any enhancement of compensation, as the compensation awarded to the land owner by Land Acquisition Collector was adequate.

5. The issues which were framed by learned Reference Court for adjudication in the Reference Petition were as under:-

“1. Whether the petitioner is entitled for the enhancement of compensation as alleged? OPP.

2. Whether the petition is not maintainable in the present form? OPR.

3. Whether the petition is bad for non-joinder of necessary parties, as alleged? OPR.

4. Relief.”

6. The issues were answered by learned Reference Court as under:-

“Issue No.1 No.

Issue No.2 No.

Issue No.3 No.

Relief:- The petitioner is not entitled for enhancement in the value of the acquired land.”

7. While answering issue No.1, learned Reference Court held that to prove its case, the petitioner examined one Kashmir Singh as PW-1, who being Registration Clerk of Tehsil Padhar, proved the copies of Sale deeds dated 16.05.1997, Ext.PA to Ext.PC. Petitioner himself entered the witness box as PW-2. He admitted the purchase of acquired land vide sale deeds Ext.RA and RB, dated 19.09.1996 and 27.12.1996. He mentioned in his cross-examination that some trees were already standing on the acquired land and he also planted trees upon the land.

8. Respondents examined Ram Partap Sharma as RW-1, who deposed about market value of the acquired land. RW-2, Mohan Lal, Patwari deposed that adequate compensation stood paid to the land owner. RW-3, Ramesh Kumar had prepared average price of the land as Ext.RW3/A. RW-4, Sameer Rastogi assessed the value of non-fruit bearing trees. RW-5, K.L. Mastana deposed regarding the fact that he visited the acquired land and found debris of one house upon the same.

9. Learned Reference Court held that Notification under Section 4 of the Land Acquisition Act was issued on 05.06.1997. The acquired land stood purchased by the petitioner for a sum of Rs.2,50,000/-, in the year 1996. Petitioner wanted to rely upon three sale deeds (Ext.PA to Ext.PC) as exemplar sale deeds, which admittedly were executed by his father on 16.05.1997 about 19 days prior to the issuance of Notification under Section 4 of the Land Acquisition Act. It also held that by virtue of Award No.1, the respo