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2015 Supreme(Manipur) 28
IN THE HIGH COURT OF MANIPUR AT IMPHAL
Laxmi Kanta Mohapatra, J.
R.S. Peter - Appellant
Versus
Collector and Ors. - Resopndent
L.A. Appeal No. 1 of 2010
Decided On : 16-02-2015
For the Petitioner:A. Bimol, Advocate.
For the Respondents: Shyam Sharma, G.A. and S. Premchand, ASG.
The main legal point established in the judgment is that the classification of land into four categories and valuing the lands at different rates under different categories was not justified. The court held that the entire block of land having been acquired for a specific purpose, there was no necessity of classification of lands into four categories or valuing the land as per the classification.
Headnote:
Land Acquisition - Classification of Land - Land Acquisition Act, 1894 (Sections 4, 9, 11, 18, 30) - The judgment discusses the classification of land into four categories and the valuation of the acquired land. The court found that the classification of lands into four categories and valuing the lands at different rates under different categories was not justified. The court held that the entire block of land having been acquired for a specific purpose, there was no necessity of classification of lands into four categories or valuing the land as per the classification.
Fact of the Case:
The Government of Manipur issued a notification for the acquisition of land for residential purposes. The landowners challenged the compensation awarded by the Land Acquisition Collector and sought enhancement of compensation.
Finding of the Court:
The court found that the classification of land into four categories and valuing the lands at different rates under different categories was not justified. The court held that the entire block of land having been acquired for a specific purpose, there was no necessity of classification of lands into four categories or valuing the land as per the classification. The court also held that 30% deduction towards development costs was justified. The court awarded a uniform compensation for the entire land acquired under the notification at the rate of Rs. 7.50 per sq. metre. The court also awarded solatium of 30% and interest at 9% per annum on the differential amount of compensation.
Issues: The issues included the reasonableness of the rate of compensation assessed by the Collector, the classification of land, and the deduction towards development costs.
Ratio Decidendi: The court found that the classification of land into four categories and valuing the lands at different rates under different categories was not justified. The court held that the entire block of land having been acquired for a specific purpose, there was no necessity of classification of lands into four categories or valuing the land as per the classification. The court also held that 30% deduction towards development costs was justified. The court awarded a uniform compensation for the entire land acquired under the notification at the rate of Rs. 7.50 per sq. metre. The court also awarded solatium of 30% and interest at 9% per annum on the differential amount of compensation.
Final Decision: The appeal was allowed in part, and the court awarded a uniform compensation for the entire land acquired under the notification at the rate of Rs. 7.50 per sq. metre. The court also awarded solatium of 30% and interest at 9% per annum on the differential amount of compensation.
Laxmi Kanta Mohapatra, J.
1. The land owners Association and others have preferred this appeal against the order of the learned District Judge, Manipur East dt. 30.1.2010 passed on a reference u/Ss 18 and 30 of the Land Acquisition Act, 1894(hereinafter refers to as the "Act").
2. The brief facts leading to the reference are as follows:
The Govt. of Manipur issued a Notification u/s. 4 of the Act for acquisition of 191.430 hectare of land located at Shangshak-Tengnoupal road for residential purpose of 25th Bn. Assam Rifles on 8.7.1991. The said land is bounded on the north by Govt. Inspection Bungalow & Shangshak village, on the east by the road, on the south by Koushou village and on the west by jhum fields/paddy fields. After the acquisition, an award was passed on 4.3.1993 in compliance with a direction of the Gauhati High Court dt. 27.11.1992 in C.R. No. 1350 of 1992 without obtaining prior approval of the Government u/s. 11 of the Act. Since the award was passed without obtaining prior approval of the government, Revenue Department of the Govt. Of Manipur, by a Notification dt. 7.10.1993, cancelled the award passed by the Collector on 4.3.1993 and directed the Collector to submit a fresh proposal indicating the rate of compensation to the Government. In pursuance of the above direction issued by the Revenue Department, Govt. Of Manipur, the Collector submitted a fresh proposal on 18.10.1993 for approval of the Govt. By order dt. 26.10.13 the Revenue Department, Govt. of Manipur accorded approval to the said proposal and consequently the Collector, Land Acquisition announced the award on 28.10.1993. The said award was challenged before the Gauhati High Court in CR. No. 1021 of 1993. The Gauhati High Court quashed the award on the ground that the said award had been passed without giving opportunity to the persons interested and the occupants of the land for participation in the enquiry conducted by the Collector, Land Acquisition as provided under Sections 9and 11 of the Act. Thereafter, the Land Acquisition Collector, Ukhrul published notice on 27.7.1997 inviting any claim either in writing or by personal appearance. After the enquiry was conducted, the Govt. Of Manipur examined the rates claimed by the persons interested the location, nature of the lands and available Sale deeds. The Collector, Land Acquisition had classified the lands into four categories such as Class-A, Class-B, Class-C and Class-D. So far as the class-A land is concerned, an award was passed for compensation of Rs. 9 per sq. metre and so far as Class-B lands are concerned, compensation of Rs. 6 per sq. m. was awarded. So far as the class-C lands are concerned, compensation of Rs. 4 per sq. m. was awarded and in respect of Class-D lands, compensation of Rs. 2.50 rupees per sq.m. was awarded. The award was passed on 25.1.1995 after approval of the Govt.
3. The Secretary of the Association, not being satisfied with the award, filed an application on 27.3.1995 praying for making a reference to the Court u/s. 18 of the Act for enhancement of the compensation and also praying for stay of the award under protest in respect of Dag Nos. 110 to 117 & 121 to 158 except 152. The land owners claimed 1,74,000/- per acre, 30% solatium and interest from the date of Notification under Section 4 of the Act till finalisation of the award. They also claimed to treat the lands as urban since it fulfils the criteria as such water supply, black topped road and concentration of large number of population which would be over 3000. The land owners also claimed that the acquired land is located at the junction of Shangshak-Tengnoupal NEC Road, Shangsak-Kamjong BRTF road and Shangsak-Phungyar PWD road and are homestead lands occupied by the land owners. It was also stated that the acquired land is adjacent to the lands acquired for construction of office building of PWD and for such acquisition Govt. had paid Rs. 82,895.35 paise for an area of 6480.29 sq. Metre which is equ
