Point of Law: Under Section 25 of Act, Court cannot award compensation lesser than that awarded by Land Acquisition Collector.

JUDGMENT :

Vivek Singh Thakur, J.

Present appeal has been preferred under Section 54 of Land Acquisition Act, 1894 (in short ‘the Act’) against award dated 21.9.2007 passed by Additional District Judge, Solan in a Land Reference Petition No. 41-S/4 of 2007/04, titled Sukh Ram and others vs. State of HP whereby Reference Court has enhanced the value of land at uniform rate at the rate of Rs.3,60,000/- per bigha, irrespective of its classification and category, whereas Land Acquisition Collector had determined the value of land ranging from Rs.15,000/- to Rs.1,00,000/- per bigha on the basis of classification and category of land.

2. Undisputedly, land of respondents was acquired for public purpose relating to expansion of factory of Gujarat Ambuja Cement Ltd. (appellant) by issuing notification under Section 4 of Act which was lastly published on 6.1.1998 and as a sequel thereto, Award No. 5 of 2000 was announced under Section 11 of the Act on 11.01.2001 by determining the value at the rate of Rs.15,000/- per bigha for uncultivated land and Rs.1,00,000/- per bigha for cultivated land.

3. Land owners, in Reference Petition, has examined 8 witnesses and have placed on record average value of land Ext.PW2/A, copy of Award No. 5 of 2000 passed by Land Acquisition Collector in present case Ext.PW3/A, copy of detail of standing trees Ext.PW3/B, copy of Form CC Ext.PW3/C, copy of sale deed Ext.PW4/A, whereas project proponent had examined three witnesses RW1 to RW3 and has placed on record the copies of sale deeds Ext.R1 to Ext.R3 and copy of average value of land Ext.RW2/A.

4. Land owners have claimed compensation at the rate of Rs.10 lacs per bigha irrespective of its classification. Average value of land Ext.PW2/A, relied upon by land owners pertains to period 16.6.1997 to 15.6.1998 wherein average value of land in village has been shown as Rs.3,57,778/- per bigha. Whereas average value relied upon by Project proponent is for the period from 17.1.1997 to 16.1.1998 wherein average value of land has been shown as ranging from Rs.54324/- to Rs.77270/- on the basis of classification of land. Notification under Section 4 of the Act was published in January, 1998. There is a difference of consideration period in both average values and, therefore, on the basis of transaction during the said periods, average value of land is different in both documents prepared and produced by one and the same person appearing as a witness PW2 for land owners and RW2 for project proponent appellants. It is also settled that value of land for the purpose of determining the compensation under Acquisition Act cannot solely be based on one year average value of land but it depends on other several relevant factors, as also held in judgment dated 12.10.2018 passed by this Court in RFA No. 368 of 2014 titled Himachal Pradesh Power Corporation Limited vs. Narayan Singh and other connected matters.

5. Sale deed Ext.PW4/A is a sale deed dated 27.8.1997 whereby land measuring 1-3 bighas was sold for consideration of Rs.3,56,500/-. The said sale deed was executed within a period of five months before issuance of notification under Section 4 of the Act, therefore, the said sale deed has rightly been considered by Reference Court as a relevant transaction for determining the compensation. Whereas, sale deeds Ext.R-1 and Ext.R-2 pertain to different villages and it is not proved by appellants that land of those villages namely Dwaroo and Suli was of the same nature, potential and yield and, therefore, Reference Curt has rightly discarded those sale deeds.

6. So far as sale deed Ext.R-3 is concerned that pertains to village Bated, i.e. village in reference, but same is of only 8 biswas of land and was executed on 12.6.1997, i.e. about 7 months before issuance of notification under Section 4 of Act, whereas Ext.PW4/A is nearer to notification issued under Section 4 of Act and, therefore, in comparison to sale deed Ext.R-3, sale deed Ext.PW4/A is appropriate for determining the