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2008 Supreme(HP) 580

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
KULDIP SINGH, J.
Executive Engineer & Ors - Appellants
Versus
Dilla Ram – Respondent
RFA No. 36 to 39, 41 to 56 of 2005 with Cross Objection No. 159 to 166 of 2005, Decided on : 31-03-2008

Advocates:
Advocate Appeared:
For the Appellants :Mr. R.K .Bawa, Mr. A.K.Bansal, Addl. Advocate General.
For the Respondents:Mr. T.S. Chauhan, Advocate.

Headnote:

Land Acquisition Act, 1894- Section 4 - Land Acquisition - Award - Compenstion - State of Himachal Pradesh acquired land in village Tyaman for public purpose for the construction of road for which notification, under Section 4 of Land Acquisition Act, 1894 (for short, the Act) was published in the gazette - Respondents were aggrieved by the award of Collector, therefore, they filed reference petitions, under Section 18 of the Act for determination of market value of acquired land - Learned District Judge, vide order dated 9.1.2004 passed in Land Reference Petition No - Whether Collector Land Acquisition has inadequately assessed market value of the land under acquisition? - Whether awarding of compensation as per classification of land is proper or not – Held, Collector has awarded compensation of acquired land as per classification of the land - Learned District Judge has enhanced the compensation of the acquired land as per classification - Purpose of acquisition in present case is for construction of road and for that purpose classification completely looses significance - Acquired land is to be used / developed as a single unit for the construction of road - In the present case also, acquired land is to be used/ developed for construction of the road as a single unit and therefore, classification of the land looses significance - In these circumstances, persons interested are entitled to compensation at rate of Rs.6,000/- per biswa or Rs.1,20,000/- per bigha of acquired land irrespective of classification, which is more than market value assessed by learned District Judge – Order accordingly.

JUDGMENT :

Kuldip Singh, J.

This judgment shall dispose of twenty appeals, i.e. RFA Nos. 36 of 2005 with Cross Objection No. 159/05, RFA No. 37 of 2005, RFA No. 38 of 2005 with Cross Objection No. 160/05, RFA No. 39 of 2005, RFA No. 41 of 2005, RFA No. 42 of 2005, RFA No. 43 of 2005, RFA No. 44 of 2005, RFA No. 45 of 2005, RFA No. 46 of 2005, RFA No. 47 of 2005, RFA No. 48 of 2005 with Cross Objection No. 161/05, RFA No. 49 of 2005 with Cross Objection No. 162/05, RFA No. 50 of 2005 with Cross Objection No. 163/05, RFA No. 51 of 2005, RFA No. 52 of 2005, RFA No. 53 of 2005 with Cross Objection No. 164/05, RFA No. 54 of 2005 with Cross Objection No. 165/05, RFA No. 55 of 2005 and RFA No. 56 of 2005 with Cross Objection No. 166/05, which have arisen out of common award, dated 30.11.2004, passed by the learned District Judge, Bilaspur, in Land Ref. Case Nos. 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of 2003, respectively.

2. The facts in brief are that State of Himachal Pradesh acquired land in village Tyaman for public purpose for the construction of Namhol-Bahadurpur road for which notification, under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) was published in the gazette on 16.4.1994. The Land Acquisition Collector (for short, the Collector), announced the award on 18.3.1997 and awarded compensation, as per classification of the land as follows:-

    1. Anderli Aval Rs. 11,041.00 per Bigha.

2. Anderli Doam Rs. 8,353.60 per Bigha.

3. Baharli Aval Rs. 5,669.80 per Bigha.

4. Khariyatar and Banjar. Rs. 895.20 per Bigha.

3. The respondents were aggrieved by the award of the Collector, therefore, they filed reference petitions, under Section 18 of the Act for determination of market value of the acquired land. The learned District Judge, vide order dated 9.1.2004 passed in Land Reference Petition No. 4 of 2003, had consolidated Land Reference Petitions No. 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of 2003 with Land Reference Petition No. 4 of 2003. The learned District Judge on 9.1.2004, at the time of consolidation of the reference petitions, framed the following issues:-

    1. Whether the Collector Land Acquisition has inadequately assessed the market value of the land under acquisition? OPP

2. Whether the petitioner is entitled to interest on the amount of compensation w.e.f. 1985? OPP.

3. Relief.

4. The learned District Judge, vide common award, dated 30.11.2004, has assessed the market value of the acquired land at Rs.66,000/- per Bigha for Anderli Aval land and for other types of land, it has been held that the reference petitioners shall be entitled to the amount in the same ratio as given for other quality of land keeping in view the price fixed at Rs.66,000/- per Bigha for Anderli Aval land. In other words, the learned District Judge has assessed the market value of the acquired land as per the classification of the land. The learned District Judge has allowed interest as per impugned award. The common award, dated 30.11.2004, has been assailed by way of above appeal, but Cross Objection No. 159 of 2005 in RFA No. 36 of 2005, Cross objection No. 160 of 2005 in RFA No. 38 of 2005, Cross Objection No. 161 of 2005 in RFA No. 48 of 2005, Cross Objection No. 162 of 2005 in RFA No. 49 of 2005, Cross Objection No. 163 of 2005 in RFA No. 50 of 2005, Cross Objection No. 164 of 2005 in RFA No. 53 of 2005, Cross Objection No. 165 of 2005 in RFA No. 54 of 2005 and Cross Objection No. 166 of 2005 in RFA No. 56 of 2005 have also been filed for enhancement of compensation.

5. I have heard Mr. R.K. Bawa, learned Advocate General assisted by Mr. A.K. Bansal, learned Additional Advocate General for the appellants, Mr. T.S. Chauhan, Advocate, for the respondents in all the appeals and gone through the record. It has been submitted on behalf of the appellants that learned District Judge has erred in assessing the market value of Anderli Aval land at the rate of Rs.66,000/-

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