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2009 DIGILAW 2179 (RAJ)

Takhat Singh v. State of Rajasthan

2009-10-20

GOPAL KRISHAN VYAS

body2009
Hon'ble VYAS, J.—This appeal under Section 54 of the Land Acquisition Act, 1894 has been filed against award dated 10.10.1996 passed by the Civil Judge (Sr. Dn.) & Chief Judl. Magistrate, Bikaner in reference No. 22/88, with a prayer that appeal may be accepted and award passed by the learned Civil Judge (Sr. Dn.), Bikaner may be suitably enhanced and appellant may be held entitled to award as per his application dated 18.5.1987. 2. Brief facts of the case are that land and building of the appellant was acquired by the respondents for Defence purpose. Land of the appellant situated at village Raimalwali Tehsil Loonkaransar, measuring 5,764 Sq Yd for which patta was issued by the Gram Panchayat, Gram Panchayat Kanolai bearing patta No. 64 dated 4.3.1981 and patta No. 10/3 dated 11.6.1981. According to the appellant, he was in possession of the said land and upon the said land which is acquired for the Defence purpose, especially for Mahajan Field Firing Range, award was passed by the respondents whereby appellant was offered compensation of the land @ Rs. 3/- per Sq Yd, whereas, in the said area cost of the land was in between Rs. 8/- to Rs. 15/- per Sq Yd. For the same, certain registered sale-deeds were placed on record by the appellant. Upon the appellant's land, there was a big house, known as garh, and, cost of the house was to be assessed properly, but, only Rs. 34,000/- were assessed against the cost of the said house. 3. Learned counsel for the appellant vehemently argued that against the award when reference was made by him for enhancement of the compensation, the learned Civil Judge (Sr. Dn.) Bikaner while giving the finding that in the area where the land of the appellant is situated the cost of land is between Rs. 8/- per Sq Yd to Rs. 10/- per Sq Yd and, compensation for the house (garh) which is assessed Rs. 34,000/- is also not proper in view of the fact that a report obtained by the appellant which is Ex. 4A of the record speaks that valuer has assessed the cost of the house (garh) as Rs. 2,15,300/-. 8/- per Sq Yd to Rs. 10/- per Sq Yd and, compensation for the house (garh) which is assessed Rs. 34,000/- is also not proper in view of the fact that a report obtained by the appellant which is Ex. 4A of the record speaks that valuer has assessed the cost of the house (garh) as Rs. 2,15,300/-. As per learned counsel for the appellant when finding is given by the learned Court below that lesser amount has been paid for compensation to the appellant for acquisition of his land by the respondents, then, obviously the higher rate which is Rs. 10/- Sq Yd was to be assessed for the purpose of calculating compensation for the land measuring 5764 Sq Yd, so also, appropriate cost of the house (garh) was to be assessed on the basis of valuation Ex. -4A, in which, the valuer has assessed cost of the house as Rs. 2,15,300/-. Therefore, it is prayed that compensation of land and house (garh) may be enhanced suitably. 4. Per contra, learned counsel for the respondents submits that although there is finding in the order of the learned Civil Judge that in the area where the land is situated the cost of the land is in between Rs. 8/- to Rs. 10/- per Sq Yd and while giving the said finding the learned Court below has enhanced the compensation from Rs. 3/- to Rs. 8/- per Sq Yd and has enhanced 50% of the total compensation for the house, therefore, further enhancement claimed by the appellant in this appeal is not proper. The order passed by the learned Court below does not suffer from any illegality, more so, the learned Court below has suitably enhanced the compensation which does not require further enhancement. 5. I have carefully considered the rival submissions made by both the parties. 6. In this case, initially the respondents allowed cost of the land at the rate of Rs. 3/- per Sq Yd and only Rs. 34,000/- towards cost of the house (garh) of the appellant. Later on, while giving the finding by the learned Civil Judge the cost of land has been enhanced from Rs. 3/- to Rs. 8/- per Sq Yd and cost of house was enhanced up to 50% of the award granted by the respondents which Rs. 17,062.40 ps. 34,000/- towards cost of the house (garh) of the appellant. Later on, while giving the finding by the learned Civil Judge the cost of land has been enhanced from Rs. 3/- to Rs. 8/- per Sq Yd and cost of house was enhanced up to 50% of the award granted by the respondents which Rs. 17,062.40 ps. In my opinion, once, the civil Court has come to the conclusion upon perusing the registered sale deeds relating to lands in the said area that cost of land in the area is in between Rs. 8/- to Rs. 10/- Sq Yd, then, at the time of passing order upon the reference, the learned Court below ought to have considered the higher rate because while acquiring the land of an agriculturist the Government is snatching bread and butter of the agriculturist, therefore, at least proper cost should have been given to him, but, in this case, instead of considering the claim of the appellant upon higher rate of Rs. 10/-, the learned trial Court has considered Rs. 8/- per Sq Yd which is on the lower side which is not justified. In this view of the matter, in my view, if the land of an agriculturist has been acquired by the welfare State for public safety, then, cost of the land is required to be given on the basis of prevailing higher rate in the area. In this view of the matter, the rate of land which is enhanced by the learned Civil Judge (Sr. Dn.), Bikaner from Rs. 3/- to Rs. 8/- is hereby further enhanced to Rs. 10/- per Sq Yd. 7. With regard to cost of house of the appellant, I am unable to under-stand that on the one hand a finding has been given by the learned Court below that a big house (garh) constructed by the appellant's family, which is very big and old, was acquired and for assessment of cost the appellant has produced on record report of the valuer in which valuer has assessed the cost of house (garh) as Rs. 2,13,203/-, then, obviously, at the time of deciding the reference the said report of the valuer was to be considered for valuation of the 'garh' in right perspective; but learned Civil Court enhanced the cost and only dated Rs. 2,13,203/-, then, obviously, at the time of deciding the reference the said report of the valuer was to be considered for valuation of the 'garh' in right perspective; but learned Civil Court enhanced the cost and only dated Rs. 17062/- in the compensation awarded to the appellant which is 50% of the compensation of Rs.34,124/- awarded by the Land Acquisition Officer. In my opinion, said enhancement is also not proper. If a big house of the appellant-citizen is acquired by the Government, then, at least, the citizen should be compensated respectfully. In this view of the matter while upholding the finding of the learned trial Court in reference, the cost of house `garh' is hereby enhanced to Rs. 80,000/- because as per report of the valuer the cost of house (garh) was Rs. 2,15,300/- at the time of acquisition. 8. With above enhancement in the compensation payable to the appellant, the judgment/order passed by the learned Civil Judge (Sr. Dn.) & Chief Judl. Magistrate, Bikaner dated 10.10.1996 is accordingly modified. This appeal is partly allowed in the terms indicated hereinabove. The respondents are hereby directed to calculate the compensation in the above terms and pay compensation to the appellant within a period of six months from today.