RFA/365/2014 on 31 December 2018

1. RFA No. 365 of 2014. The Land Acquisition Collector, Housing and Urban Development Authority and another

…..Appellants.

Versus Sh. Med Ram and another ....Respondents.

2. RFA No. 366 of 2014 The Land Acquisition Collector, Housing and Urban Development Authority and another

…..Appellants.

Versus Sh. Ram Chand & others

....Respondents.

Coram:

The Hon’ble Mr. Justice Sureshwar Thakur, Judge. Whether approved for reporting?1 1 Whether reporters of the local papers may be allowed to see the judgment?

For the Appellants: Mr. C.N. Singh, Advocate, in both appeals. For the Respondents: Mr.

Hamender

Chandel, Advocate, in RFA No. 365 of 2014. Mr. K.R. Thakur, Advocate, in RFA No. 366 of 2014.

Sureshwar Thakur, Judge. Since, both the afore RFAs, arose, from a common award, hence, they are amenable for disposal through a common verdict.

2. The learned counsel appearing for the appellants has contended with much vigour, that, (i) with in Land Ref. Petition No.9-S/4 of 2008, 13 biswas of land being acquired for the relevant public purpose, (ii) and, in Land Ref. Petition No. 10-S/4 of 2008, 13 biswas of land being acquired for the relevant public purpose, (iii) and, with the afore lands brought to acquisitions, standing in the award, pronounced by the Collector concerned, and, as borne in Ex.PW2/A, hence reflected, to, rather carry the classification of “Banjar Kadeem/Ghar Mumkin, (iv) …2…

thereupon, the compensation assessed qua therewith, comprised in a sum of Rs.4,90,579.00, hence, by the learned Reference Court, by its aggregating the market value appertaining, to, various categories of land, as, brought to acquisition, rather has sequelled a gross illegality.

3. However, the aforesaid contention is outrightly rejected, (a) given upon acquisition of land(s) of all categories, the apt contradistinctivity(ies) in their respective classifications, and, also the apt contradistinctivity(ies) in their market values, rather being eclipsed, (b) and also being irrelevant, given the afore principle of law being propounded, in, a catena of judicial verdicts, (c) thereupon, rather in the learned Reference Court, after aggregating, the market value of lands, appertaining, to, contradistinct classification(s), its, hence assessing qua the acquired land, compensation borne in a sum of Rs.18,00,000/- per bigha, is, …3…

construable, to be, a just and fair assessment, of, the apt market value.

4. For the foregoing reasons, there is no merit in the instant appeals, hence, they are dismissed accordingly. In sequel, the impugned award is maintained and affirmed. All pending applications also stand disposed of. No costs. Records be sent back forthwith. (Sureshwar Thakur) 31st December, 2018. Judge. (jai) …4…