RFA/93/2005 on 31 December 2019

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

RFA No. 93 of 2005

Reserved on : 27.12.2018

Decided on: 31.12.2018

LAC, HPPWD

…Appellant

Versus

Tripta Devi and others

...Respondents.

Coram

The Hon’ble Mr.Justice Sureshwar Thakur, J. Whether approved for reporting?1.

For the appellants: Mr. Hemant Vaid and Mr. Desh Raj Thakur, Addl. AGs.

For the respondent: Mr. Dheeraj K. Vashishta, Advocate, vice counsel, for respondents No. 1 to 8 and 10 to

13. Per Sureshwar Thakur, J.:

The instant appeal is directed against the award, pronounced by the learned reference Court, upon, 1 Whether the reporters of the local papers may be allowed to see the Judgment?

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reference petition No. 34 of 1997, whereunder, compensation amount comprised in a sum of Rs. 4500/- per kanal hence stood assessed, vis-à-vis, the acquired land, and, also all the statutory benefits were also bestowed thereon.

2. The learned Additional Advocate General, has contended (a) that with the land brought to acquisition rather carrying the classification of Kharetar, and, (b) it existing in a water logged area, and, in saline water, thereupon it was unfit for agriculture, (c) and consequently, the compensation amount, as assessed qua the acquired land, by the Land Acquisition Collector, concerned, rather was both just and reasonable, (d) and hence the enhanced amount of compensation, assessed qua therewith by the learned reference Court, rather warranting interference. However, the afore submission is un-rested, upon, the apt evidence existing on record, comprised, in, i) the testification rendered on oath, by the claimant, and, with the latter, hence, rendering an articulation in his

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examination-in-chief, , qua the area surrounding the acquired land, rather rearing tea garden(s), and, prior to its acquiring, the, classification of Kharetar, it also rearing a tea garden, b), and, when DW-1 in his cross- examination, also making an admission qua 85% of the land, in the area surrounding the acquired land, rearing tea garden(s), thereupon dehors the acquired land, rather carrying the classification of Kharetar, and, with no evidence standing adduced, qua it being unfit for rearing, a tea garden, c) besides when no apposite sale exemplars also stood adduced into evidence, for, on anvil thereof, hence making a computation of just compensation amount, vis-à-vis, the acquired land(s),

(c) thereupon the adoption of capitalization method, by the learned reference Court, in hence, computing the market value of the acquired land, to, stand borne in a sum of Rs. 300/-, and, its thereafter assessing 15 years produce, of, the land, and its hence computing its market value, at Rs. 4500/- per kanal, (d) obviously, appears to concur with the potentiality of the acquired

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land, and, it being rather fit for rearing a tea garden, and, also hence the afore income being derivable therefrom, thereupon, the afore adoption(s) appear(s) to be both sagacious, and, merit-worthy.

3. Consequently, there is no merit in the instant appeal and the same is dismissed. The pending application(s), if any, are also disposed of. No costs.

31.12.2018

(Sureshwar Thakur)

(kalpana)

Judge.