Collector Land Acquisition, H. P. P. W. D. , Mandi v. Kaushlya Devi
2018-08-06
SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sanjay Karol, A.C.J. - In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the beneficiary(ies) of the acquisition proceedings have assailed the award dated 20.12.2011, passed by learned Additional District Judge, Mandi, H.P., in Reference No.59 of 2004, titled as Kaushalya Devi vs. Collector Land Acquisition H.P.P.W.D., Mandi & another, alongwith other connected matters. 2. For public purpose, namely, construction of AutTakoli-Parashar road, land situate in Muhal Kot-Dhalias, SubTehsil Aut, District Mandi, H.P., was acquired by the State. 3. The extent of total land is 12-6-5 bighas. The proceedings under Section 4 of the Act, were published in the official gazette on 12.09.1992. The Collector Land Acquisition H.P.P.W.D., Mandi, H.P., passed his Award No.1 dated 08.04.1996, in terms whereof, market value of the acquired land came to be assessed at different rates, ranging from Rs. 3400/- per bigha to Rs. 10,100/- per bigha, classification/category wise. 4. Aggrieved thereof, claimants filed land reference petition under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stands decided in terms of impugned award dated 20.12.2011, in terms whereof, the market value of the acquired land stands re-determined @ Rs. 8011/- per biswa, on uniform basis, irrespective of the classification and category of land. 5. In support of their respective claims, both claimants as also the beneficiary have placed on record following sale deeds, which are referred to in paragraph 20 of the impugned award:- Sale deed Dated Area in Bigha Price Price per biswa Ext.P.1 22.12.1992 0-3-18 Rs. 47,000/- Rs. 12051.28/- Ext.PW1/A 04.08.1992 0-1-00 Rs. 12,000/- Rs. 12,000/- Ext.PW1/B 21.04.1990 0-2-10 Rs. 30,000/- Rs. 12,000/- Ext.R-1 21.04.1988 0-12-7 Rs. 1500/- Rs. 121.45/- Ext.R-2 23.03.1991 1-3-1 Rs. 3,000/- Rs. 130.15/- 6. Undisputedly, acquisition proceedings commenced with the publication of notification under Section 4 of the Act on 12.09.1992. As such, exemplar sale deed dated 21.04.1988 (Ex.R-1), which is much prior to the date of initiation of acquisition proceedings cannot be considered to be reflective of the true market value of the acquired land. Exemplar sale deed dated 23.03.1991 (Ex.R-2), which is approximately eighteen months prior to the acquisition proceedings. The land in terms of the said sale deed was sold @ Rs. 130.15/- per biswa.
Exemplar sale deed dated 23.03.1991 (Ex.R-2), which is approximately eighteen months prior to the acquisition proceedings. The land in terms of the said sale deed was sold @ Rs. 130.15/- per biswa. Noticeably, sale deed (Ex.R-2) only stand tendered in evidence and neither the vendor nor the vendee has been examined in Court. There is nothing on record to establish the similarity of the acquired land with that of this exemplar sale deed. As such, on this count, this evidence needs to be rejected. Under what circumstances land was sold and to whom and what was the nature of the said land and for what purpose land was sold and what is its proximity with the acquired land, are all issues which remain unexplained. 7. Coming to the sale deeds placed on record and proven by the beneficiary, one notices that the Reference Court has adopted a formula and that being the average value of the sale deeds stands taken @ Rs. 12,017/- per biswa, whereupon the deduction of 33% stands applied. Thus, the claimants were held entitled to compensation @ Rs. 8011/- per biswa, irrespective of the classification and category of land. Record reveals that both vendor and vendee of sale deeds (Ex.PW.1/A & Ex.PW.1/B) stand examined in Court. Their testimony does establish the exemplar sale transaction to be genuine and the document not prepared only for the purpose of creating evidence. In addition, to Luxmi Nand (PW.2) and Gangu Ram (PW.5), witness of beneficiary i.e. Durga Singh (RW.1) has also deposed about the factum of similarity of the acquired land with that of the exemplar land, in terms of its user, nature and potential. 8. As such, amount of compensation, re-determined by the Reference Court, fixing the market value of the acquired land @ Rs. 8011/- per biswa, cannot be said to be on the higher side or not to have been established on the basis of material, which is reliable. 9. No other point is urged. 10. Under these circumstances, this Court does not find any reason to interfere with the impugned award, for the findings returned by the Reference Court cannot be said to be perverse, illegal, erroneous or not based on the correct and complete appreciation of facts or law. As such, present appeal stands dismissed. Pending application(s), if any, also stand disposed of accordingly.