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Himachal Pradesh High Court · body

2016 DIGILAW 2546 (HP)

State of H. P. v. Shanti Devi

2016-12-02

SURESHWAR THAKUR

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JUDGMENT : Sureshwar Thakur, J. The instant appeal stands directed by the State of Himachal Pradesh against the rendition recorded by the learned Reference Court on 23.08.2008 in Land Reference Petition No. 12-S/4 of 2006, whereby, it enhanced compensation amount at a uniform rate of Rs.10,000/- per biswa qua the lands of the respondents herein/landowners as stood brought to acquisition. 2. The land of the landowners stood brought to acquisition for construction of Karara Chandi road. The apposite notification for the aforesaid purpose stood issued on 1.09.2003. The land Acquisition Collector had in his relevant award assessed compensation qua the lands of the landowners/respondents herein as stood brought to acquisition in an amount computed at Rs. 4000/- per biswa qua cultivable land whereas he assessed qua ghasni land compensation amount @ of Rs. 500/- per biswa. However, the learned Reference Court under its impugned rendition assessed compensation amount at a uniform rate of Rs.10,000/- per biswa for all categories of land as stood brought to acquisition. In making the aforesaid assessment, the learned reference Court had relied upon a sale exemplar executed on 26.08.2002 whereupon land holding an area of one biswa stood alienated for a sale consideration of Rs.6000/-, significantly with the land embodied therein standing located in a Mohal/village akin to the location of the lands of the respondents herein as stood brought to acquisition. Also given the factum qua the issuance of the apposite notification for bringing to acquisition the lands of the landowners for the notified purpose occurring in the year 2003 whereas the sale deed aforesaid as stood relied upon by the learned Reference Court standing executed prior thereto, renders it to beget satiation of the relevant parameter of its execution occurring in proximity in time vis-a-vis the issuance of the apposite notification whereupon the reliance as stood placed thereupon is tenable. Also, with no evidence standing adduced by the respondents herein in portrayal qua the location of the land comprised in the sale exemplar of 26.08.2002 holding no proximity in location vis-a-vis the lands of the landowners as stood brought to acquisition begets the sequel qua hence the principle of proximity in location angle inter se the lands occurring in the apposite sale exemplar vis-a-vis the lands of the respondents herein standing satiated whereupon the reliance as stood placed thereupon was tenable. However, in the learned Reference Court contrarily computing the market value borne by the relevant lands at Rs.10,000/- per biswa merely for their relevant acquisition occurring a year subsequent to the execution of the relevant sale exemplar, is grossly unwarranted, significantly since the relevant sale exemplar satiated all the relevant parameters for reliance standing placed thereupon hence only the amount embodied therein constituted the figure wherefrom the relevant assessment of compensation qua the lands of the respondents stood enjoined to occur besides an exorbitant hike standing meted thereto bereft of any sound, firm and credible evidence warrants disapprobation from this Court. 3. Be that as it may, the learned Reference Court had assessed a uniform rate of compensation for all categories of land, assessment whereof does not hold any palpable display of it suffering any vitiation, imperatively when all the distinct categorizations besides classifications borne by all the lands as stood brought to acquisition evidently on theirs standing acquired are all put to common use also when on their acquisition all lands holding distinct classifications evidently stand utilized for a purpose common to each other whereupon their distinct categorizations looses its apposite significance. 4. However, the area of land comprised in the relevant sale exemplar as stood relied upon by the learned reference Court is minimal or holds an area of one biswa, whereas, the lands of the landowners holds vis-a-vis it immense tracts of land thereupon, it was incumbent upon the learned Reference Court to mete there from some percentum of deduction for its thereupon assessing compensation qua the lands of the landowners/respondents herein, yet with its making the relevant omission aforesaid has begotten the sequel of its committing an illegality, whereupon, this Court proceeds to mete a deduction of 20% from the sale consideration borne in the relevant sale exemplar of 26.08.2002. 5. For the foregoing reasons, the instant appeal is partly allowed and the impugned award is modified to the extent that after meteing 20% deduction from Rs.6000/- per biswa, assessed as compensation amount qua all categories of land, thereupon qua all categories of lands as stood brought to acquisition, the sum arrived there from shall constitute the compensation amount qua all the categories of lands of the landowners/respondent herein as stood brought to acquisition. It is clarified that qua thereupon all the statutory benefits shall be levied in accordance with law. It is clarified that qua thereupon all the statutory benefits shall be levied in accordance with law. All pending applications stands disposed of.