[2026:RJ-JD:8433]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 591/2004 Aditya Cement ----Appellant Versus Usman Khan And Anr ----Respondents For Appellant(s) : Mr. Aaman Khan For Respondent(s) : Mr. Manish Shisodia, Sr. Adv.

Mr. Deepesh Birla HON'BLE MR. JUSTICE SANDEEP SHAH

Order

13/02/2026

1. The present civil miscellaneous appeal under Section 54 of the Land Acquisition Act, 1894 has been filed challenging the judgment and decree dated 09.03.2004 passed by the District Judge, Pratapgarh, in Civil Reference Case No. 85/2002 (Usman Khan vs. Aditya Cement), whereby the claim for enhancement of the compensation was allowed.

2. The brief facts of the case are that the land in question comprised in Khasra Nos.2322 & 2323 of Village Sawa, District Chhitorgarh, ad-measuring 0.18 hectare and 0.13 hectare, respectively. The land was already in the names of Tulsi Ram, Baje Ram & Purbia Gadri, each having separate portions. Subsequently, a notification under Section 4 of the Act of 1894 was issued on 19.01.1993 for acquisition of land for the purpose of utilization by the appellant. Post enquiry, a notification under Section 6 of the Act of 1894 was issued on 17.01.1994. Thereafter, when notices were issued, the respondent appeared before the Land Acquisition Officer and informed that he had purchased the land by way of a sale deed dated 30.09.1993. On the application of the respondents, Usman Khan was substituted in place of Khatedars, and the possession of the land in question was taken from the respondent No.1 on 09.05.1997. The Land Acquisition Officer proceeded to pass the award on 13.07.1995, wherein the compensation for the land in question was paid while calculating the value of land at the rate of Rs.1,388/- per acre, and the total compensation of Rs.50,345/- was directed to be paid to the respondent.

3. Being aggrieved against the same, the respondent initiated reference proceedings under Section 18 of the Act of 1894. The respondent claimed that the land was purchased by him on 30.09.1993 and at the relevant time, including the stamp duty paid, the rate of land was Rs.70,000/- per bigha. He further submitted that identical land situated nearby was also acquired by resorting to the provisions of Section 89 of the Rajasthan Land Revenue Act, 1956, wherein adjacent land situated in the same village was acquired for a much higher rate, i.e. around 1,50,000/- per bigha. He, therefore, prayed for enhancement of the amount of compensation.

4. The appellant filed a reply in the proceedings under Section 18 of the Act of 1894 and asserted that the award dated 13.07.1995 has rightly been passed after considering the DLC rate of the land in question and there was no occasion for enhancement of compensation. The learned District Judge, Pratapgarh, thereafter proceeded to adjudicate the proceedings under Section 18 of the Act of 1894 and, vide its judgment dated 09.03.2004, enhanced the compensation by calculating the value of the land at the rate of Rs.70,000/- per bigha and amended the solatium and interest amount accordingly. Thus, a total sum of Rs.1,14,500/- was directed to be received as compensation including solatium and interest by the respondent. Being aggrieved against the same, the present appeal has been filed.

5. Learned counsel for the appellant asserts that the very basis of passing of the judgment dated 09.03.2004 was the sale deed in favour of the respondent, which admittedly was executed post issuance of the notification under Section 4 of the Act of 1894. Therefore, the document in question could not have been relied upon. He further asserts that the burden was upon the respondent-claimant to establish that the calculation of the prevalent market price was not done correctly and he was further under obligation to disclose the correct market price at the relevant date, which the respondent has failed to do in the present case. Thus, there was no occasion available before the learned District