Collector, Land Acquisition, Hppwd, Mandi v. Raving Singh Rana
2019-03-15
SURESHWAR THAKUR
body2019
DigiLaw.ai
JUDGMENT : Sureshwar Thakur, J. The State of Himachal Pradesh, is, aggrieved by the award pronounced by the learned Reference Court, upon, reference petition No. 71/2005 (157/2003), where through, compensation amount, borne in a sum of Rs.17,600/- per biswa, irrespective of classification of the acquired lands hence stood assessed, vis-a-vis, the lands, of, the respondents herein, and, all the statutory benefits, were, also ordered to be added thereon. 2. The respondents/claimants' lands, were, acquired qua the notified purpose, and, the landowners/respondents herein, being aggrieved by the deficient assessment of compensation, vis-a-vis, their acquired lands, by the Collector Concerned, (I) hence, sought through, a, petition cast, under, the provisions, of, Section 18 of the Land Acquisition Act, hence enhancement of the compensation amount, as, determined qua their acquired lands, by the Collector concerned. The learned Reference Court, in determining, the afore enhanced compensation amount, qua the acquired lands, had, meted deference, to Ex.PW1/G, wherein lands, hence, carrying an area of 0-3-6 bighas, stood sold, for, a sale consideration, of Rs.1,45,000/-, hence, approximately at the rate of Rs.44,000/- per biswa. However, the learned Reference Court, considering the factum qua, a, minimal tract of land, being sold thereunder, and, with lands being acquired, for construction, of, residences, and, when hence costs incurred, towards developing the acquired lands, were required to be deducted, from, the afore per biswa amount, of, lands, borne in Ex.PW1/G, (ii) thereupon, it tenably meted, a, 40% deduction, vis-a-vis, the afore amount, and, concluded that the respondents herein/claimants, were, entitled for compensation at the rate of Rs.17,600/- per biwas, qua the acquired land. 3.
3. Be that as it may, the learned Reference Court, had borne in mind, that, the afore sale deed, stood, executed within three months, of, issuance, of, the statutory notification, (a) whereunder, the respondents' land was acquired, and, hence with the afore sale exemplar hence satiating the principle of proximity in time angle, inter se, its execution, and, the issuance, of, the notification, where through, the lands, were, brought to acquisition, (b) and, obviously when the appellants herein, did not either before the learned Reference Court or before this Court, contests that the lands, borne therein, holding proximity, vis-a-vis, the acquired lands, nor they propounded, the afore argument before this Court, hence it to be concluded, that, the afore sale exemplar, hence, begetting satiation, of, the further principle qua the lands, borne therein, holding, proximity in location, vis-a-vis, the acquired land, thereupon, meteing of deference thereto, by the learned reference court, for the relevant purpose, cannot be construed, to be un merit worthy. 4. For the foregoing reasons, there is no merit in the instant appeal, and, it is dismissed. In sequel, the award impugned before this Court is maintained and affirmed. All pending applications also stand disposed of.