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Himachal Pradesh High Court · body

2014 DIGILAW 1311 (HP)

Union of India v. Chhering Tobden

2014-09-19

RAJIV SHARMA

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Judgment Rajiv Sharma, J. Since common questions of law and facts are involved in these appeals, the same were taken up together for disposal by a common judgment. 2. The appellants have challenged the award dated 24.3.2005 rendered by the learned Addl. District Judge, Fast Track Court, Kullu, H.P. in Reference Petition Nos. 63, 62, 90, 79, 56, 69, 74, 53, 83, 93, 77, 104, 88, 71 and 58 of 2002, respectively. 3. Key facts, necessary for the adjudication of these appeals Are that the Government of Himachal Pradesh intended to acquire the land for setting up of Army Transit Camp. Notification No. Home (A) F (13)-10/88 dated 23.12.1993 for Phati Palchan and No. Home (A) F (13)-10/88 dated 23.12.1993 for Phati Barua under Section 4 of the H.P. Land Acquisition Act, 1894 (hereinafter referred to as the Act) were issued. These were published in Rajpatra, H.P. Extra Ordinary, dated 3.1.1994. Notifications under Sections 6 & 7 of the Act were also published in different newspapers. Notices were also issued to the claimants under Section 9 of the Act on 5.11.1996. The land of the claimants was acquired for Phati Palchan as well as in Phati Barua. The Land Acquisition Collector made a common award dated 24.11.1997 for the land situated in Phati Palchan measuring 11-2-00 bighas and Phati Barua, measuring 371-9-00 bighas. The market value of the land was worked out by the Land Acquisition Collector as under: (i) PHATI PALCHAN:- 1. Market value of 11-3-0 bighas land = Rs. 10.62 lac; 2. Solatium 30% (u/s 23(2) of the Act)= Rs. 3.186 lac; and 3. Payment u/s 23-1(A) of the Act @ 12% per annum w.e.f. 23/12/93 to 23/11/97 = Rs. 4.9914 lac. Total:- 18.7974 lac. (ii) PHATI BARUA:- 1. Market value of 371-09-00 bigha land = Rs. 169.245; 2. Solatium 30% of above =Rs. 50.77350; 3. Payment u/s 23-1(A) w.e.f. 23/12/93 To 23/11/97 @ 12% p.a. = 79.54515. Total:-Rs. 299.56365.” 4. The claimants, feeling aggrieved by the award dated 24.11.1997 filed reference petitions on the ground that the market value assessed was low, inadequate and un-reasonable. According to them, the land acquired was situated near Manali town. It was also adjoining Solang Skia Slopes and also Hot Springs of Vashist and Nehru Kund were in the vicinity. It is also gate-way to Rohtang pass. Many offices of GREF and SASE were situated near the acquired land. According to them, the land acquired was situated near Manali town. It was also adjoining Solang Skia Slopes and also Hot Springs of Vashist and Nehru Kund were in the vicinity. It is also gate-way to Rohtang pass. Many offices of GREF and SASE were situated near the acquired land. The market value of the land was not less than 60,000/- per biswa. There were fruit bearing trees on the land. They have also raised dangas and breast walls. 5. The appellant(s) contested the reference petitions by filing separate replies. According to them, the compensation awarded by the Land Acquisition Collector was adequate. The Manali town was 11 kms. away from the acquired land. It has no potential for the tourism. 6. The rejoinders were filed by the claimants. Issues were framed by the learned Addl. District Judge, Kullu on 17.1.2003. The learned Addl. District Judge, Kullu passed the award on 24.3.2005, whereby the market value of the acquired land of Phati Palchan was Rs. 7505/- per biswa (1,50,100/- per bigha) and of Phati Barua Rs. 8838/- per biswa (Rs. 1,76,760/- per bigha) on the date of issuance of the notification under Section 4 of the Act. The statutory benefits were also awarded. 7. The appellant(s) have challenged the award dated 24.11.1997. Mr. Sandeep Sharma, Asstt. Solicitor General of India has vehemently argued that the learned Addl. District Judge, Kullu has not taken into consideration the distance between the acquired land from the Manali town. He then contended that the assessment could not be made on the basis of small plots. The assessment was to be made on the basis of classification of the land. He lastly contended that the interest was to be ordered from the date of passing of the award by the Reference Court. Mr. Sunil Mohan Goel, Advocate for the private respondents, has supported the judgment dated 24.3.2005 of the learned Addl. District Judge, Kullu, H.P. 8. I have heard the learned Advocates on both the sides and gone through the award dated 24.3.2005 alongwith the record. 9. The land of the claimants was acquired by the State Government for the construction of Transit Camp in Phati Palchan and Phati Barua. Notification under Section 4 of the Act was issued. Notices under Section 6 & 7 were also issued. The claimants were issued notices under Section 9 of the Act. 9. The land of the claimants was acquired by the State Government for the construction of Transit Camp in Phati Palchan and Phati Barua. Notification under Section 4 of the Act was issued. Notices under Section 6 & 7 were also issued. The claimants were issued notices under Section 9 of the Act. Since the appellants were not satisfied with the award made by the Land Acquisition Collector on 24.11.1997, references were filed before the learned Addl. District Judge, Kullu. 10. The claimants have not led any evidence to prove that they have raised orchard on the acquired land. They have also not led any evidence that they have raised dangas and breast walls. The Court would take firstly the market value of the acquired land of Phati Palchan. The notification was issued under Section 4 of the Act on 23.12.1993. PW-3, Kewal Ram has deposed that the acquired land of Phati Palchan adjoin National Highway No. 21. Phati Vashishat also adjoins this Phati. There is Solang nullah slopes on one side of Rohtang Pass. It is a gateway of Rohtang Pass. Tourist Resorts are also situated near the acquired land. According to him, at the relevant time, the value of the acquired land was Rs. 1,00,000/- per biswa. PW-2, Jagat Ram deposed that he alongwith Rattan and Hetu sold 0-13-0 bigha land for a sum of Rs. 1,62,500/- to Sh. Ramanand Sagar vide sale deed Ext. PW-2/A. This land is also situated in Phati Palchan. It was sold on 30.4.1991 at the rate of 12,500/- per biswa. According to sale deed Ext. PW-4/A dated 15.4.1991, the land measuring 2-17-0 bighas was sold for a sum of Rs. 4,56,000/- to Ramanand Sagar i.e. at the rate of Rs. 8,000/- per biswa. 11. The respondents have relied upon the certified copy of the sale deed Ext. RW-1/A dated 16.8.1993. It was proved by Surat Ram. According to him, he sold 0-8-0 bighas of land for a sum of Rs. 15,000/- to Ramesh in the same Phati. Thus, the value of one biswa land comes to Rs. 1875/-. However, he has admitted that this land was at some distance from the road. The acquired land of the claimants adjoins the National Highway. RW-2, Tek Ram has proved Ext. RW-2/A. He has sold 0-4-0 bighas of land for a consideration of Rs. 5,000/- in Phati Palchan. Thus, the value of one biswa land comes to Rs. 1875/-. However, he has admitted that this land was at some distance from the road. The acquired land of the claimants adjoins the National Highway. RW-2, Tek Ram has proved Ext. RW-2/A. He has sold 0-4-0 bighas of land for a consideration of Rs. 5,000/- in Phati Palchan. However, this sale deed is of Phati Vashishat and not of Phati Palchan. As far as the sale transaction Ext. RA is concerned, the same has not been proved in accordance with law. It is true that sale deeds Ext. PW2/A and Ext. PW-4/A are of small plots of land. The average price would come to Rs. 10,425/- per biswa in respect of small pieces of land. Necessary deduction to the extent of 40% is required to be made and then the average value would come to Rs. 6255/- per biswa and by granting appreciation in the value of land @ 10% from 1991, it would come to Rs. 7505/- per biswa for Phati Palchan. 12. Now, as far as Phati Barua is concerned, the notification was issued under Section 4 of the Act on 23.12.1993. PW-5 Tikka Ram and PW-6 Lalu Ram deposed that the Manali Bazar is on one side and Solang nullah slopes. The acquired land has potential for tourism. The land is situated on the right bank of Solang nullah and about 1 km. away from Solang-Sarchu Highway. According to them, the market value of the acquired land was Rs. 1,00,000/- per biswa, 10-12 years ago and now it is Rs. 1,50,000/- or 2,00,000/- . They have placed reliance upon sale deed Ext. PW-1/A dated 20.12.1993. According to this sale deed, the land measuring 0-2-0 bighas of land was sold by PW-1 Nathu Ram for a sum of Rs. 15,000/-. Thus, the market value of the land comes to Rs. 7500/- as per sale deed Ext. PW-1/A. The sale has taken place in the same month in which the notification under Section 4 was issued. The appellants belonging to Phati barua have placed strong reliance on Ext. PW-5/A dated 1.2.1992. It was proved by PW-5, Tikka Ram. This sale has taken place in the year 1992. The land measuring 0-3-0 bighas was sold for Rs. 55,000/-. Thus, by giving 10% appreciation in the value of land for subsequent two years, the market value comes to Rs. 21,960/-. PW-5/A dated 1.2.1992. It was proved by PW-5, Tikka Ram. This sale has taken place in the year 1992. The land measuring 0-3-0 bighas was sold for Rs. 55,000/-. Thus, by giving 10% appreciation in the value of land for subsequent two years, the market value comes to Rs. 21,960/-. The appellants have also placed reliance on sale deeds Ext. RC, Ext. RE and Ext. RG. However, neither the vendors nor the vendees have been examined and thus, the sale deeds are required to be discarded. 13. Now, as far as Ext. PD is concerned, this notification was issued for acquiring land in the year 1997. It has rightly been discarded by the learned Addl. District Judge, Kullu. The average value on the basis of transactions Ext. PW-1/A and Ext. PW-5/A comes to Rs. 14,730/-. However, 40% deduction is required to be made as far as plots of lands in these sale deeds were small. The total market value of the acquired land of Phati Barua comes to Rs. 8838/- per biswa and Rs. 1,76,760/- per bigha. The learned Addl. District Judge has rightly assessed the market value of the land taking into consideration the sale deeds and by deducting 40% of the amount by taking into consideration smaller size of the plots sold. The land in question has been acquired for the purpose of setting up Transit Camp. Though, as per the Land Acquisition Collector, the quality and classification of the land was bathal dom, bathal charam, banjar kadim/abadi and gairmumkin, however, the fact of the matter is that the potentiality of the land would remain the same since the land has been acquired for setting up of Army Transit Camp. The land is being put to some use and thus, there is no illegality committed by learned Addl. District Judge, Kullu by assessing the market value of the acquired land in respect of quality/kism of the acquired land. The learned Addl. District Judge, Kullu has awarded the interest from the date of the notification issued under Section 4 of the Act and the claimants were entitled to other statutory benefits under the Act. The learned Addl. District Judge, Kullu, has correctly assessed the value of acquired land of Phati Palchan @ Rs. 7505/- per biswa i.e. Rs. 1,50,100/- per bigha and @ Rs. 8838/- per biswa and Rs. 1,76,700/-per bigha for Phati Barua alongwith the statutory benefits. 14. The learned Addl. District Judge, Kullu, has correctly assessed the value of acquired land of Phati Palchan @ Rs. 7505/- per biswa i.e. Rs. 1,50,100/- per bigha and @ Rs. 8838/- per biswa and Rs. 1,76,700/-per bigha for Phati Barua alongwith the statutory benefits. 14. Accordingly, there is no merit in these appeals, the same are dismissed.