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2024 Supreme(HP) 19
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
AJAY MOHAN GOEL, J.
Sat Pal and others – Appellants
Versus
State of Himachal Pradesh and another - Respondents
RFA No. 143 of 2016 a/w RFA Nos.213 and 214 of 2016
Decided on : 01-01-2024
Advocate Appeared:
For the Appellants :Mr. Sudhir Thakur, Senior Advocate, with Mr. Somesh Sharma, Advocate,
For the Respondents: Mr. Pushpinder Jaswal, Adv
The main legal point established in the judgment is the determination of fair compensation under the Land Acquisition Act, considering the market value and statutory benefits.
Headnote:
Land Acquisition Act - Compensation - Section 11, Section 18 - Summary of Acts and Sections: Land Acquisition Act, 1984, Section 11, Section 18 - The court discussed the compensation payable under Section 11 of the Land Acquisition Act and the modification of the award by the learned Reference Court under Section 18. The key legal provisions of Section 11 and Section 18 were interpreted to determine the fair compensation for the acquired land, considering the market value and statutory benefits.
Fact of the Case:
The land of the appellants was acquired for the construction of a link road. The compensation awarded by the Collector was modified by the Reference Court. The appellants filed appeals seeking further compensation for Tuni Trees and damages caused by the road construction.
Finding of the Court:
The court found that the appellants failed to prove the existence of Tuni Trees on the acquired land or the damages caused by the road construction. The compensation awarded by the Reference Court was deemed fair and just based on the evidence.
Issues: The issues involved the determination of fair compensation for the acquired land, including the valuation of Tuni Trees and damages caused by road construction.
Ratio Decidendi: The court held that the appellants failed to provide evidence to support their claims for additional compensation. The compensation awarded by the Reference Court was considered fair and just based on the evidence presented.
Final Decision: The appeals were dismissed, and the award passed by the Reference Court was upheld as fair and just.
JUDGMENT :
Ajay Mohan Goel, J.
These three appeals arise out of the award passed by the learned Collector dated 08.01.2010, i.e., award No.2 of 2010, which was passed under the Land Acquisition Act, 1984 by the Collector under Section 11 thereof, for the construction of Dawanti to Gamber Khad Link Marg in Revenue Village- Danwati, Tehsil Kandaghat, District Solan, H.P. As common factual and legal issues are involved in these appeals and as all these three appeals were heard together, therefore, they are being disposed of by a common judgment.
2. Brief facts necessary for the adjudication of these appeals are that the land of the appellants was acquired for the construction of Dawanti to Gamber Khad Link Marg in Revenue Village-Danwati, Tehsil Kandaghat, District Solan, H.P. Notification under Section 4(1) of the Land Acquisition Act, was issued on 13.06.2008. After complying with the statutory formalities, award under Section 11 of the Land Acquisition Act, was announced on 08.01.2010, in terms of the award passed by the learned Acquisition Collector, the compensation payable to the appellants was determined as under:-
“8. Enquiry into measurement, market value of land and claims U/s 11 of the Act:-
(a) Measurement of land:-All the persons interest have shown their acceptance of the demarcation of the acquire land as given U/s 8 of the Act by the Naib Tehsildar of this office.
(b) Market value of land:-The one year average market value of Mauza Danwati was procured by the field staff and the same was sent to District Collector, Solan for approval. The District Collector Solan, District Solan, H.P. vide office letter No.DRA/1-56/88-18-8196 dated 18.08.2009. The same is reproduced classification wise as under:-
| Classification of land | Rate per bigha | Rate per biswa |
| 1. Kuhal | Rs.10,27,500/- | Rs.51,375/- |
| 2. Katul | Rs.7,50,000/- | Rs.37,500/- |
| 3. Bangar-1 | Rs.5,62,500/- | Rs.28,125/- |
| 4. Bangar-II | Rs.3,75,000/- | Rs.18,750/- |
| 5. Bangar-III | Rs.1,87,500/- | Rs.9,375/- |
| 6. Bangar Kadeem | Rs.67,500/- | Rs.3,375/- |
| 7. Ghasni | Rs.45,000/- | Rs.2,250/- |
In the instance case 0-4 biswa land is cultivated and 1-14 bigha uncultivated out of total land measuring 1-18 bigha. The one year average market value approved by the District Collector, Solan, appears to be fair, adequate, reasonable and rational. Therefore, the market value of land under acquisition is hereby determined classification wise i.e. Bangar-III (o-4 biswa) for cultivable and Charand (1-14 bigha) for uncultivated respectively and the total compensation is worked out as under:-
| A) Compensation: |
|
| (i) Market value of land U/s 23(1) First Clause | Rs.1,14,000.00 |
| (ii) 12% Additional amount on Market value of land w.e.f. 13.06.2008 to 08.01.2010, i.e. 575 days. | Rs.21,551.00 |
| (iii) 30% Solatium. | Rs.34,200.00 |
| Total compensation (i+ii+iii) | Rs.1,69,751.00 |
Hence, it hereby assess and determine Rs.1,69,751.00 (Rupees One Lac, Sixty None Thousand Seven Hundred and Fifty One Only) an amount of compensation for which the persons interest are entitled to claim and to receive as per the provisions of the Act.”
3. Feeling aggrieved, the land owners filed Reference Petitions under Section 18 of the Land Acquisition Act. These Reference Petitions were answered by the learned Reference Court in terms of award dated 14.05.2015, vide which, the award passed by the Land Acquisition Collector was modified by the learned Reference Court as under:-
“33. As a sequel to my aforementioned discussion, petition is partly allowed with no order as to costs and the market value of the acquired land on the date of publication of the notification under Section 4 of the Act is assessed at Rs.9,375/0 per biswa and petitioner is held entitled to the excess payment with further statutory interest under Sections 23(2) and 28 of the Act ther
