Himachal Pradesh High Court
CIVIL APPEAL 219 of 2004 on 30 December 2010
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
R.F.A. No. 219 of 2004.
Decided on : 30.12.2010
State of Himachal Pradesh & Anr.
…Appellants.
Versus
Naresh Kumar and others ....Respondents.
Coram
The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?[1] No For the Appellants : Ms. Ruma Kaushik, Addl. Advocate General. General. For the Respondents : Ms. Anita Dogra, Advocate vice Mr. Ramakant Sharma, Advocate for respondents 1(b) and 1(j) Mr. V.B.Verma, Advocate, vice Mr. C.S.Thakur, Advocate for respondents No.1(a), 1(c) to 1(i) and 1(k)Mr. Ramakant Sharma, Advocate for respondents 1(b) and 1(j) Mr. V.B.Verma, Advocate, vice Mr. C.S.Thakur, Advocate for respondents No.1(a), 1(c) to 1(i) and 1(k)
Kuldip Singh , J (Oral)
This appeal is directed against award dated 31.12.2002 passed by learned Additional District Judge, Sirmaur District at Nahan in Land Reference Petition No. 4-N/4 of 2000 awarding uniform rate of ` 1,50,000/- per bigha for all categories of land acquired under the award No. 12/96 dated 22.5.1996. The learned Additional District Judge has allowed other statutory benefits. The interest at the rate of 9% per annum for the first year and at the rate 1Whether reporters of Local Papers may be allowed to see the Judgment ? yes of 15% per annum for the remaining period commencing from the date of taking possession i.e. December 31, 1962 to the date of payment of the award of compensation was also allowed.
2. The brief facts of the case are that a common award No. 12/96 dated 22.5.1996 was made by the Land Acquisition Collector, HPPWD, Solan and Sirmaur Districts. The land was acquired for public purpose for construction of road called ‘Narag-Marog road’ for which notification under Section 4 of the Land Acquisition Act was published in the official gazette on 26.8.1995. The Land Acquisition Collector vide award dated 22.5.1996 determined the rates as follows:-
3. Hira Singh, predecessor-in-interest of respondents No.1(a) to 1(k) filed Land Reference Petition No. 4-N/4 of 2000 against the award dated 22.5.1996. In fact, six RFA Nos. 102, 326, 327, 328, 329 and 330 of 2003 arising out of different reference petitions by common award dated 31.12.2002 were decided by a co-ordinate bench on 3.3.2009.
4. The appellants have filed the present appeal against the award dated 31.12.2002 in Land Reference Petition No. 4-N/4 of 2000. I have heard the learned counsel for the parties and have also gone through the record. It has been submitted on behalf of the appellants that the award dated 31.12.2002 is unjust and against the material on record. The reference court has erred in modifying the award dated 22.5.1996 of the Collector. The learned Additional District Judge has wrongly allowed the enhancement. The uniform rate of ` 1,50,000/- per bigha was wrongly allowed. The interest from the date of possession i.e. 31.12.1962 has been wrongly awarded. The evidence led by the respondents was considered but the evidence produced by the appellants was wrongly ignored. It has been submitted that the impugned award may be set-aside.
5. The learned counsel for the respondents has supported the impugned award and has submitted that a co-ordinate bench vide judgment dated 3.3.2009 in RFA Nos. 326, 102, 327, 328, 329 and 330 of 2003 has considered the common award dated 31.12.2002 and has upheld the finding of reference court below fixing the market value of the acquired land at ` 1,50,000/- per bigha. The payment of interest has been modified from 31.12.1962 to 26.8.1995 from the date of publication of notification under Section 4 of the Land Acquisition Act in the official gazette.
6. The Land Reference Petition Nos. 1-N/4 of 2000, 2-N/4 of 2000, 5-N/4 of 2000, 7-N/4 of 2000, 8-N/4 of 2000 including Land Reference Petition No. 4-N/4 of 2000, out of which the present appeal has arisen, were decided by the court below by common award dated 31.12.2002. The learned court below has allowed flat rate of ` 1,50,000/- per bigha in the award dated 31.12.2002. The interest at the rate of 9% and 15% per annum was allowed in the award dated 31.12.2002 from 31.12.1962.
7. In the judgment dated 3.3.2009 the flat rate of ` 1,50,000/- per bigha awarded by the court below in award dated 31.12.2002 has been approved. The date of payment of interest has been modified from 31.12.1962 to 26.8.1995 from the date of publication of notification under Section 4 of the Act in the official gazette.
8. The present appeal is completely covered by judgment dated 3.3.2009 in RFA Nos. 326, 102, 327, 328, 329 and 330 of 2003. The appeal is partly allowed, the market value of the acquired land at the rate of ` 1,50,000/- per bigha assessed by the learned lower court is upheld along with other statutory payments, however, the respondents shall be entitled to payment of interest on compensation determined w.e.f. 26.8.1995 when the notification under Section 4 of the Land Acquisition Act was published in the official gazette as held in judgment dated 3.3.2009. The impugned award dated 31.12.2002 is accordingly modified. No costs.
December 30, 2010. (GR)
( Kuldip Singh ), Judge.