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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Union of India – Appellant
Versus
Mool Chand – Respondent
| Table of Content |
|---|
| 1. land acquisition notified for ssb center adjacent nh-21. (Para 1 , 2 , 3 , 4) |
| 2. enhanced compensation upheld; appeal dismissed. (Para 5 , 23 , 24 , 25) |
| 3. appellant contests excessive award; respondent upholds location value. (Para 6 , 7) |
| 4. market value: willing seller-buyer price with potentiality. (Para 8 , 9 , 10 , 11) |
| 5. comparable bona fide sales near acquisition time used. (Para 12 , 13 , 15) |
| 6. highest bona fide exemplar sets compensation value. (Para 16 , 17) |
| 7. 10% annual escalation for 1.5-year gap applied. (Para 18 , 19 , 20) |
| 8. 20% deduction for small-plot sales on large tract. (Para 21 , 22) |
Judgment :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellant-Union of India (hereinafter referred to as “the appellant”) under Section 54 of the LAND ACQUISITION ACT , 1894 (for short “the Act”) against award dated 22.08.2015, passed by learned District Judge, Kullu, District Kullu, H.P. (hereinafter referred to as “the learned Reference Court”), whereby the learned Reference Court enhanced the compensation.
2. The brief facts of the case are that Government of Himachal Pradesh issued Notification, dated 04.01.2011, under Section 4 of the Act a
Market value in land acquisition fixed using highest bona fide comparable sale exemplar, with time escalation (10%) and size deductions (20%), considering land potentiality near development areas.
Compensation for acquired land must reflect fair market value, considering similar transactions and urban proximity in assessments.
Absence of local sales permits reliance on nearby circle awards for market value, with 10% annual cumulative increase for time gap; uniform rate applies to single-unit public acquisitions irrespectiv....
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