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2018 DIGILAW 448 (HP)

General Manager v. Rajinder Singh

2018-03-23

SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, ACJ. (Oral) - In this appeal, 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 31.03.2011, passed by learned Additional District Judge, Fast Track Court, Una, District Una, H.P., in LAC Petition No. 1/03 RBT 44/05/03, titled as Rajinder Sinigh & others v. The Land Acquisition Collector (Railway) & others . 2. The land involved in the present appeal is just 2636 sq.mts. Also one finds that enhancement is not substantial so as to shock the conscious of the Court. The Collector Land Acquisition determined the market value of the land, giving different rates for different categories varying from Rs. 1479.30 to Rs. 5885.30 per kanal. The Reference Court has enhanced the same and re-determined the market value by awarding compensation @ Rs. 700/- per sq. mt. 3. The basis for such determination is Award No. 5/2005-06 (Ex.PX) dated 14.07.2006, so passed in relation to land situate in Village Kataur Khurd, Tehsil Amb, District Una, H.P., adjoining to the village in which the land, subject matter of the present appeal, is situate i.e. village Dilwan. 4. One notices that the Reference Court has discarded the evidence led by the land owners in the shape of sale deed(s). It is in this backdrop, that this Court proceeds to examine the correctness of the findings returned by the Reference Court vide order, impugned in the present appeal. 5. Certain facts are not in dispute. There is no dispute about the ownership of the land. Private respondents herein are also rightful claimants. Land acquired for the public purpose, namely, construction of Railway Line from Nangal to Talwara (Una-Chururu), stands fully utilized for such purpose. 6. Notification for acquisition of the land in question, situate in village Dilwan, Tehsil Amb, District Una, H.P., was first published in the Gazette on 21.03.1998. Such notification under Section 4 of the Act was followed by subsequent notification with the Collector land Acquisition passing his award under Section 11 of the Act on 15.11.2000. The Collector Land Acquisition, as observed, re-determined the market value by awarding different rates depending upon the categories of the land involved, ranging from Rs. 1479.30 to Rs. 5885.30. 7. The claimants are satisfied with the award passed by the Reference Court. The Collector Land Acquisition, as observed, re-determined the market value by awarding different rates depending upon the categories of the land involved, ranging from Rs. 1479.30 to Rs. 5885.30. 7. The claimants are satisfied with the award passed by the Reference Court. Rejection of the evidence led by them by way of sale deed(s) is not subject matter in the present appeal, for not only there are no cross-objections, but issue is not pressed. 8. On the other hand, with vehemence, Mr. Rahul Mahajan, learned counsel, appearing for the Northern Railways, contends that Award No. 5/2005-06 (Ex.PX) pertaining to different village could not have been relied upon by the Reference Court. 9. This Court does not find favour with such submissions, for the reason that: (a) There is evidence on record, indicating nature, similarity and potentiality of the land acquired by the State for the beneficiaries; and (b) The entire stretch of the land, at least in Village Kataur Khurd, subject matter of the Reference Award and the land in village Dilwan, is having the same potential, for it is adjoining to the National Highway and well connected by road. 10. Judicial notice can be taken of the fact that prior to initiation of acquisition proceedings, Tehsil Amb, itself was developing as an industrial township. 11. One notices that maximum land is of best quality i.e. Chahi Abbal and do Fasli Abbal, for which Collector Land Acquisition himself determined the market value at Rs. 5885.30 and Rs. 4373.00 respectively. 12. It is a settled principle of law that when entire land stands acquired and fully utilized without carrying any further development, principle of uniformity has to be adopted in awarding compensation to the land owners. 13. Mr. Anup Rattan, learned counsel, appearing on behalf of the claimants, contends that on account of the instant acquisition proceedings, their land stands seriously severed and potential of the same minimized. 14. Well this Court would not go into this question, for one finds the amount determined by the Reference Court itself is reasonable, reflective of true and correct market value. 15. 14. Well this Court would not go into this question, for one finds the amount determined by the Reference Court itself is reasonable, reflective of true and correct market value. 15. Taking a holistic view of the matter, this Court is of the considered view that market value, so determined in terms of the impugned award dated 31.03.2011, passed by learned Additional District Judge, Fast Track Court, Una, District Una, H.P., in LAC Petition No. 1/03 RBT 44/05/03, titled as Rajinder Sinigh & others v. The Land Acquisition Collector (Railway) & others , cannot be said to be on the higher side. 16. Hence in the given facts and circumstances, no interference is warranted. It cannot be said that the findings returned by the Court below are perverse, illegal or erroneous. As such, present appeal stands dismissed, so also pending application(s), if any.