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Himachal Pradesh High Court · body

2018 DIGILAW 1392 (HP)

Land Acquisition Collector v. Krishan Lal

2018-07-26

VIVEK SINGH THAKUR

body2018
JUDGMENT Vivek Singh Thakur, J. - All these appeals arising out of common award dated 26.7.2014 passed by learned Additional District Judge (1) Mandi (herein after referred to as the Reference Court) in land Reference Petition Nos. 39/2013/2008, 40/2013/2008, 41/2013/2008, 42/2013/2008, 43/2013/2008, 44/2013/2008, 45/2013/2008, 46/2013/2008, 47/2013/2008, 48/2013/2008, 49/2013/2008, 50/2013/2008, 51/2013/2008, 52/2013/2008, 53/2013/2008, 54/2013/2008, 55/2013/2008, 56/2013/2008, 57/2013/2008, 58/2013/2008, 59/2013/2008, 60/2013/2008, 61/2013/2008, 62/2013/2008, 63/2013/2008, 64/2013/2008, 65/2013/2008, 66/2013/2008, 67/2013/2008, 68/2013/2008 and 69/2013/2008, are being disposed of by this common judgment, as common question of fact and law is involved in these appeals and evidence before the Reference Court has also been recorded in the lead case only. 2. State of Himachal Pradesh initiated the acquisition proceedings by issuing notification dated 15.7.2004 under Section 4 of the Land Acquisition Act (herein after referred to as ''the Act'') for acquisition of land in village Maloh for public purposes, namely, construction of Sunder Nagar-Maloh road. After completing the proceedings under the Act, Land Acquisition Collector had determined the value of land as under:- "Classification of land Market value per bigha Barani Abal Rs. 6,97,824/- per bigha Bagicha barani Faldar Rs. 46,800/- per bigha Barani Dom Rs. 71,858/- per bigha Banjar Kable Kast Rs. 17,670/- per bigha Khadiyatar Rs. 15,314/- per bigha Gair Mumkin Rs. 15,314/- per bigha" 3. Being dissatisfied with valuation assessed by Land Acquisition Collector, land owners had preferred Reference Petitions under Section 18 of the Act for enhancement of compensation on the basis of sale deeds Ex. P-1 to P-6 pertaining to the same village. Whereas, claim of land owners was contested by State by putting reliance on sale deeds Ex. D1 to D-3 of the same village. Copy of jamabandi Ex. D-4, Copy of forms Ex. D-5 and D-6, statement Ex. D-7, market value Ex. D-8, notice Ex. D-9 and award Ex. D-10 was also tendered in evidence on behalf of State. 4. Reference Court has assessed the market value of the acquired land at uniform rate of Rs. 8,00,000/- per bigha, irrespective of nature and classification of the land. 5. Being aggrieved by the award passed by Reference Court, State has preferred present appeals on the ground that market value of acquired land has wrongly been assessed at uniform rate, irrespective of its nature and classification and there is no reasoning for determining the value of acquired land at the rate of Rs. 8,00,000/- per bigha. 6. 5. Being aggrieved by the award passed by Reference Court, State has preferred present appeals on the ground that market value of acquired land has wrongly been assessed at uniform rate, irrespective of its nature and classification and there is no reasoning for determining the value of acquired land at the rate of Rs. 8,00,000/- per bigha. 6. Learned counsel for land owners has supported the determination of value of acquired land at uniform rate irrespective of nature and classification on the basis of settled law of land and also valuation of acquired land at the rate of Rs. 8,00,000/- per bigha being determined after comparing market value of sale deeds pertaining to the relevant time. 7. So far as grant of uniform rate is concerned, the law on this issue is settled that when the acquired land is to be utilized as a single unit after acquisition for any purpose like construction of road, the nature and classification of land under acquisition looses its significance and the entire acquired land is to be considered as a single unit, irrespective of its nature and classification and value of the same is to be determined at uniform rate. Therefore, there is no infirmity and illegality in the award passed by Reference Court in awarding uniform rate, irrespective of nature and classification of acquired land. (See Dadu Ram Vs. Land Acquisition Collector and others , (2016) 2 ILR(HP) 636; H.P. Housing Board Vs. Ram Lal and others , (2003) 3 ShimLC 64 ; Union of India Vs. Harinder Pal Singh and others , (2005) 12 SCC 564; Executive Engineer and another Vs. Dila Ram,2008 LatestHLJ 1007(HP)). 8. On perusal of impugned award, it is apparent that except stating that after comparing the market value of sale deeds of relevant time, the value of land is assessed at Rs. 8,00,000/- per bigha on the basis of average of sale deeds, no other reasoning has been given for determining the value of acquired land at the rate of Rs. 8,00,000/- per bigha. It is not clear that on what basis and how the average value of sale deeds on record, has been calculated at the rate of Rs. 8,00,000/- per bigha. 9. Notification dated 15.7.2004 under Section 4 of the Act was published on 20.7.2004. Land owners have relied upon sale deeds Ex. P-1 to P-6. State has relied upon sale deeds Ex. 8,00,000/- per bigha. 9. Notification dated 15.7.2004 under Section 4 of the Act was published on 20.7.2004. Land owners have relied upon sale deeds Ex. P-1 to P-6. State has relied upon sale deeds Ex. D-1 to D-3. All sale deeds produced by land owners as well as State pertains to the same village i.e. village Maloh. Sale deeds Ex. P-1, Ex. P-2, Ex. P-3, Ex. P-4 and Ex. P-6 pertains to the year 2001-2002, therefore, these sale deeds are not proximate in time with the notification under Section 4 of the Act issued on 15.7.2004. Only sale deed Ex. P-5, produced by land owners, is having proximity with time of the notification under Section 4 of the Act as it was executed on 26.6.2004, wherein the value of land in the same village i.e. village Maloh was considered at the rate of Rs. 5,00,000/- per bigha. Sale deeds produced by State Ex.D-1 and D-2 are dated 28.1.2004 and 26.6.2004, wherein value of land comes to @ Rs. 4,50,000/- per bigha and Rs. 6,75,000/- per bigha. In these sale deeds i.e. Ex. P-5, Ex. D-1 and Ex. D-2, value of land is lesser than the highest value awarded by the Land Acquisition Collector i.e. Rs. 6,97,824/- per bigha. In view of provisions of Section 25 of the Act, the value of land in Reference Petition under Section 18 of the Act cannot be determined lesser than the value determined by the Land Acquisition Collector. 10. Average value of land as per sale deeds Ex. D-1 to D-3 comes to be @ Rs. 6,25,000/- per bigha which again comes to be lesser than the highest value determined by Land Acquisition Collector. Average value of land as per sale deeds Ex. P-1 to P6 comes to be @ Rs. 8,94,529/- per bigha, but as discussed supra sale deeds Ex. P-1 to Ex. P-4 and Ex. P-6 are not proximate in time to the notification under Section 4 of the Act. 11. Average value of land on the basis of average of all sale deeds produced by land owners and the State, come to be @ Rs. 7,59,764/- per bigha, but Ex. P-1 to Ex. P-4, Ex. P-6, Ex. D-1 and Ex. P-4 and Ex. P-6 are not proximate in time to the notification under Section 4 of the Act. 11. Average value of land on the basis of average of all sale deeds produced by land owners and the State, come to be @ Rs. 7,59,764/- per bigha, but Ex. P-1 to Ex. P-4, Ex. P-6, Ex. D-1 and Ex. D-2 cannot be taken into consideration for not having proximity of time with notification under Section 4 of the Act and thus, as discussed supra , value of land cannot be determined on the basis of average value of all these sale deeds. 12. Average value of sale deeds Ex. D-3 and Ex. P-5 comes to be Rs. 6,25,000/- per bigha, which again is lesser than the highest value awarded by Land Acquisition Collector. Value of land as per sale deed Ex. P-5 is Rs. 5,00,000/- per bigha, which is also lesser than the highest value awarded by the Land Acquisition Collector. 13. In the material placed on record, the only sale deed, which can be taken into consideration, is Ex. D-3. It has been tendered in evidence by the State itself and market value of land in village Maloh as per this sale deed is @ Rs. 7,50,000/- per bigha. Therefore, on the basis of evidence established on record, the value of land at the most can be determined at the rate of Rs. 7,50,000/- per bigha. However, Reference Court has determined it @ Rs. 8,00,000/- per bigha. 14. From the above discussion, it is evident that there was no basis for determining the market value of land under acquisition at the rate of Rs. 8,00,000/- per bigha by the Reference Court. From the comparison of sale deeds in different manners supra , the value of acquired land never comes to be Rs. 8,00,000/- per bigha. Therefore, the findings of Reference Court that on the basis of average of sale deeds, the value of acquired land comes to Rs. 8,00,000/- per bigha is erroneous and therefore, the same is liable to be interfered with. 15. Accordingly, the award passed by Reference Court is modified and the value of land as determined by Reference Court @ Rs. 8,00,000/- per bigha is reduced to Rs. 7,50,000/- per bigha, irrespective of its nature and classification, along with all statutory benefits including interest. 16. 15. Accordingly, the award passed by Reference Court is modified and the value of land as determined by Reference Court @ Rs. 8,00,000/- per bigha is reduced to Rs. 7,50,000/- per bigha, irrespective of its nature and classification, along with all statutory benefits including interest. 16. The State has deposited the enhanced awarded amount in the Registry of this Court. After calculating the entitlement of land owners at the rate of Rs. 7,50,000/- per bigha with proportionate statutory benefits and interest, the excess amount, if any, shall be refunded to the State on filing separate application(s) in each case with details of fresh calculations. 17. The appeals are allowed in the aforesaid terms along with pending application(s), if any. No order to costs. Record be sent back.