RFA/366/2014 of LAND ACQUISITION COLLECTOR Vs RAM CHAND on 31 December 2018

1. RFA No. 365 of 2014.

The Land Acquisition Collector, Housing and UrbanDevelopment Authority and another

…..Appellants.

Versus

Sh. Med Ram and another

....Respondents.

2. RFA No. 366 of 2014

The Land Acquisition Collector, Housing and UrbanDevelopment 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?

…2…

Sureshwar Thakur, Judge.

Since, both the afore RFAs, arose, from a common award, hence, they are amenable for disposalthrough a common verdict.

2. The learned counsel appearing for the

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

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

3. However, the aforesaid contention is outrightly rejected, (a) given upon acquisition of land(s) of allcategories, the apt contradistinctivity(ies) in theirrespective classifications, and, also the aptcontradistinctivity(ies) in their market values, ratherbeing eclipsed, (b) and also being irrelevant, given theafore principle of law being propounded, in, a catena ofjudicial verdicts, (c) thereupon, rather in the learnedReference Court, after aggregating, the market value oflands, appertaining, to, contradistinct classification(s), its,hence assessing qua the acquired land, compensationborne in a sum of Rs.18,00,000/- per bigha, is, construable, to be, a just and fair assessment, of, the aptmarket value.

4. For the foregoing reasons, there is no merit inthe instant appeals, hence, they are dismissedaccordingly. In sequel, the impugned award ismaintained and affirmed. All pending applications alsostand disposed of. No costs. Records be sent backforthwith.

31[st] December, 2018.

(jai)

(Sureshwar Thakur) Judge.