Himachal Pradesh High Court
CIVIL APPEAL 15 on 8 September 1998
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLARFA No.290 of 2007.
Date of Decision: 24[th] December, 2015.
____________________________________________________
Land Acquisition Collector and others
..Appellants.
Versus
Shonkia
..Respondent.
Coram
Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge.
Whether approved for reporting[1]? No.
For the appellants: Mr. Shrawan Dogra, Advocate General with Mr. D.S. Nainta, Mr. Virender Verma, Additional Advocates General and Mr. Pushpinder Jaswal, Deputy Advocate General.
For the respondent:
Ms. Shashi Kiran, Advocate, vice counsel.
Dharam Chand Chaudhary, J. (Oral)
This appeal is directed against the award dated 1.8.2007, passed by learned Additional District Whether reporters of the Local papers are allowed to see the judgment? Yes.
Judge, Sirmaur District at Nahan in Land Reference Case No.15-N/4 of 2003.
2.It is seen that vide notification dated 8.9.1998 under Section 4 of the Land Acquisition Act the appellant-State has proposed to acquire the land of the claimant-petitioner situate in village Shergaon (Dharoli), Tehsil Rajgarh, District Sirmaur for public purpose, namely construction of Yashwantnagar-Dhamala road. The land ultimately was acquired and the land Acquisition Collector-appellant No.1 has determined the market value of different categories of the acquired land as under:
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3.The respondent-claimant being
dissatisfied by the determination of the market value of the land and payment of compensation by the Land Acquisition Collector has made a reference under Section 18 of the Land Acquisition Act.
4.Learned Additional District Judge, Sirmaur District at Nahan has framed following issues in the reference petition:
1. Whether the compensation awarded to the petitioner is inadequate and is required to be enhanced?
2. Relief.
5. After holding full trial and on appreciation of the evidence available on record market value at flat rates, i.e., `2 lacs per bigha irrespective of the nature and category of the acquired land was assessed and the compensation accordingly enhanced vide award under challenge in this appeal. The respondent-State aggrieved by the award has questioned the legality and validity thereof in the present appeal on the grounds inter alia that the market value re-determined by the Court below is highly excessive and contrary to the evidence available on record.
6. In the grounds of appeal there is mention of filing of more appeals against the same award and the land acquired for the same public purpose, namely construction of Yashwantnagar-Dhamala road bearing RFAs No.150 of 2007 to 164 of 2007. Even appeals which were registered as RFAs No.153 to 160 and 162 to 164 of 2007 stand already disposed of vide judgment dated 9.7.2008. One of the appeals, i.e., RFA No.150 of 2007 has been decided by this Court in a batch of appeals, lead case of which is RFA No.294 of 2007, titled Ramesh Kumar and others vs. State of HP and others, vide judgment dated 17.9.2014. The perusal of the judgment ibid reveals that on appreciation of the evidence available on record and also the judgment by a Co-ordinate Bench in RFA No. 302 of 2007, titled The State of Himachal Pradesh and another vs. Shri Sewa Ram and another, the appeal was dismissed and the enhancement of the compensation by the trial Court at flat rates of Rs. 2 lacs per bigha irrespective of quality and nature of the land upheld. 7.As a matter of fact, the lands of the claimants in RFA Nos. 150 of 2007 and 302 of 2007 supra was also situated in the same village i.e., Shergaon. The acquired
land of the respondent-claimant is also situated in that very village. Therefore, the point in issue in this appeal is covered in favour of the respondent-claimant by the judgment of this Court in RFA No. 150 of 2007 titled Land Acquisition Collector and others versus Bal Kishan and another and also that of a Co-ordinate Bench in RFA No. 302 of 2007 titled The State of Himachal Pradesh and another vs. Shri Sewa Ram and another, The appeal is, therefore, dismissed. Pending application(s), if any, shall also stand disposed of.
December 24, 2015. (Dharam Chand Chaudhary), (rc) Judge.
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