TEHRI HYDRO DEVELOPMENT CORPORATION LTD. v. SAYED SHAUKAT ALI
2015-09-17
U.C.DHYANI
body2015
DigiLaw.ai
JUDGMENT : U. C. Dhyani, J. (Oral) 1. Present First Appeal has been filed by the appellant-Tehri Hydro Development Corporation Ltd. (hereinafter refereed to as the T.H.D.C.) against the judgment and decree dated 13.03.2008 passed by the District Judge, Tehri Garhwal in Land Acquisition Reference No.3/1994, titled as Syed Shaukat Ali (since deceased) & others vs. T.H.D.C. & another, whereby the District Judge passed the following order: “The petitioners are awarded Rs.65,186/- as enhanced compensation in addition to the compensation already received by petitioner late Shaukat Ali. They are also entitled to simple interest at the rate of 8% per annum on this amount from the date of previous judgment dated 24.09.2001 till the payment is actually made.” 2. Brief facts of the case are that for construction of Tehri Dam, land measuring 1175 sq. ft. of the respondents no.1 to 10 was acquired under Section 4 of the Land Acquisition Act on 19.02.1983. A follow up Notification under Section 6 of the said Act appears to have been published on 27.03.1987. The Special Land Acquisition Officer, Tehri Garhwal, after assessing the value of land, gave an award on 19.02.1983 for compensation totaling an amount of Rs.6356.75. The claimants (respondents no.1 to 10) appear to have sought reference for enhancement of compensation under Section 18 of the aforesaid Act No.1 of 1894. Learned District Judge, on receiving the reference, issued notices to concerned parties including the present appellant for whom the land was acquired and after framing issues, and recording the evidence enhanced the sum of compensation by Rs.65,186/- with interest alongwith proportional 30% solatium. 3. Aggrieved by the said award dated 13.03.2008, present First Appeal has been filed. 4. The Special Land Acquisition Officer has assessed the value of land acquired at Rs.5.41 per sq. ft. while learned District Judge has assessed market rate of the acquired land @ Rs.30/- per sq. ft. Perusal of the evidence on record shows that admittedly, the land situated in Ward no.2 of the same town (old Tehri) was acquired assessing the market rate of the land at Rs.30/- per sq. ft. The land in question appears to be situated in Ward no.2 of the same town.
ft. Perusal of the evidence on record shows that admittedly, the land situated in Ward no.2 of the same town (old Tehri) was acquired assessing the market rate of the land at Rs.30/- per sq. ft. The land in question appears to be situated in Ward no.2 of the same town. Apart from this, learned counsel appearing on behalf of the contesting respondents no.1 to 10 placed reliance upon a decision of this Court in First Appeal No.560 of 2001, State of U.P. vs. Lekhi Ram Semalti, in which market value of Ward No.2 of the same town has been assessed at Rs.30/- per sq. ft. The said land was acquired almost at similar point of time for same purpose. 5. In another First Appeal of similar nature being F.A. No.202/2001 (old no.572 of 1995), titled as T.H.D.C. vs. Krishna Nand Joshi & others, the coordinate bench of this Court, vide judgment & order dated 22.07.2005, directed as under: “5. In the aforesaid circumstances, it appears that all the similarly situated land has been finally assessed at Rs.30/- per sq. ft. either by the District Judge, Tehri or by this Court. There is nothing on record which makes the case that the land of the claimants (respondent nos.1, 2 and 3) should be assessed at a market value less than said rate i.e. Rs.30/- per sq. ft. In view of these discussions, the appeal is liable to be dismissed. The appeal is accordingly dismissed. No order as to costs.” 6. T.H.D.C., being aggrieved by the aforesaid judgment & order dated 22.07.2005 passed in First Appeal No.202 of 2001, preferred SLP (C) No.4961/2006 before Hon’ble Supreme Court. Hon’ble Supreme Court, vide judgment & order dated 26.03.2014, affirmed the findings of coordinate bench of this Court and dismissed the SLP. 7. In a nutshell, in the instant case, the land of the respondents was acquired for construction of Tehri Dam. The compensation was awarded by the Special Land Acquisition Officer (SLAO) at the rate of Rs.5.41 per sq. ft. The claimants challenged the award before the Reference Court, wherein the compensation was awarded at the rate of Rs.30/- per sq. ft instead of Rs.5.41 per sq. ft. In a similar matter, the coordinate bench of this Court held that all similarly situated land were assessed at the rate of Rs.30/- per sq.ft.
ft. The claimants challenged the award before the Reference Court, wherein the compensation was awarded at the rate of Rs.30/- per sq. ft instead of Rs.5.41 per sq. ft. In a similar matter, the coordinate bench of this Court held that all similarly situated land were assessed at the rate of Rs.30/- per sq.ft. and there was nothing on record which makes the case that the land of the claimants should be assessed at the market value less than the said rate i.e. Rs.30 per sq. ft. When the order of coordinate bench of this Court was challenged before the Hon’ble Supreme Court, the same was affirmed. 8. Present First Appeal of the appellant, therefore meets the same fate as was met by First Appeal No.202 of 2001, T.H.D.C. vs. Krishna Nand Joshi. 9. The present First Appeal is thus finally disposed of on the same terms, observations and directions as were made in First Appeal No.202 of 2001 (T.H.D.C. vs. Krishna Nand Joshi & others).