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2010 DIGILAW 27 (HP)

COLLECTOR LAND ACQUISITION v. SALIGRAM

2010-01-02

DEEPAK GUPTA

body2010
JUDGMENT Deepak Gupta, J.(Oral)-This appeal by the State is directed against the award of the learned Presiding Officer, Fast Track Court, Mandi in Land Reference Petition No. 121/02 dated 27.8.2007 whereby he has partly allowed the reference petition and held that the claimants are entitled to compensation for the acquired land @ Rs.1,80,000/- per bigha. The undisputed facts are that vide notification dated 30.4.1996 issued under Section 4 of the Land Acquisition 1894 (here-in-after called the Act) land measuring 00-07-09 hectares comprised in Khasra No. 421/1, 424/1, 424/2, 422/1, 422/2 and 422/3, Kita-6, in Mohal Balh-Lalihan, Illaqa Bhadrota, Tehsil Sarkaghat, District Mandi, belonging to the claimant-respondent (here-in-after called the claimant) was acquired for construction of Rewalsar Sarkaghat via Rakhota Road. The Collector assessed the value of the land at different rates. The claimant was awarded compensation of Rs.30,822/- for his land. Being not satisfied by the said award, he filed a petition under Section 18 of the Act claiming enhanced compensation on various grounds. He claimed compensation @ Rs.2,50,000/- per bigha for the value of the land. He also claimed compensation for damage to his house and for the trees, etc. The learned District Judge has rejected all other pleas of the claimant-petitioner but has assessed the compensation for the land @ Rs.1,80,000/- per bigha. 2. The learned District Judge has relied upon two sale deeds Ext.PA and Ext.PB. Admittedly, the said sale deeds relate to the same revenue estate. Vide Ext.PA executed on 20th January, 1995 0-00-80 hectare of land was sold for a sum of Rs.24,000/-. 0-00-80 hectare is equivalent to 2 biswas and hence the value per bigha works out Rs.2,40,000/-. Ext.PB is a sale deed executed on 15.1.1996 and vide this sale deed 0-00-45 hectares of land was sold for a sum of Rs.12,000/-. This is also almost equivalent to Rs.2,40,000/- per bigha. 3. Both these sale deeds relate to the same revenue estate. These sale deeds are in fact prior in time to the notification under Section 4 of the Act issued on 30th April, 1996. The evidence on record suggests that the land of the petitioner acquired for the road was adjacent to the already existing road. Therefore, in fact it had higher potential. The learned lower Court has deducted 25% from the other sale deeds and assessed the value at Rs.1,80,000/-. The deduction made is just and reasonable. The evidence on record suggests that the land of the petitioner acquired for the road was adjacent to the already existing road. Therefore, in fact it had higher potential. The learned lower Court has deducted 25% from the other sale deeds and assessed the value at Rs.1,80,000/-. The deduction made is just and reasonable. The award calls for no interference. The appeal is accordingly dismissed.