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2019 DIGILAW 281 (HP)

State of Himachal Pradesh v. Puran Chand

2019-03-15

SANDEEP SHARMA

body2019
JUDGMENT : Sandeep Sharma, J. 1. By way of instant appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), challenge has been laid to common award dated 15.10.2008, passed by learned District Judge (Forest), Shimla in Reference Petition No. 7-S/4 of 08/05, titled as Hira Nand and others v. State of H.P. and others, alongwith other Land Reference petitions, as described in the award. 2. Undisputedly, the suit land belonging to the claimants, situate in Village Gawahi Kalana, Tehsil Shimla (Rural), District Shimla, H.P., came to be acquired for public purpose; namely; construction of Rugra-Gawahi Link Road and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 24.03.2004. The Land Acquisition Collector (for short 'LAC') passed award No. 13/2004, dated 30.06.2004. 3. Claimants, being aggrieved and dissatisfied with the amount of compensation awarded by 'LAC, preferred reference petition under Section 18 of the Act, before the learned District Judge(Forest) Shimla, seeking therein enhancement of compensation, awarded by the Land Acquisition Collector. Learned District Judge (Forest) vide common judgment dated 15.10.2008, passed in above numbered reference petition, modified the award passed by the Land Acquisition Collector below and enhanced the compensation qua the acquired land, as per detail given in the impugned judgment. 4. Appellants-State being aggrieved and dissatisfied with the aforesaid award passed by the learned District Judge (Forest) has approached this Court by way of above captioned appeal, seeking therein restoration of award passed by the learned Land Acquisition Collector after setting aside the judgment/award passed by the learned District Judge (Forest), Shimla. 5. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of Rugra-Gawahi Link Road in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act on 24.03.2004, had filed land reference petitions before the learned District Judge (Forest), Shimla, praying therein to enhance the compensation awarded by 'LAC in award No. 13/2004, dated 30.06.2004. As has been noticed above, LAC, while passing award No. 13/2004, dated 30.06.2004, determined the market value of acquired land on different rates. As has been noticed above, LAC, while passing award No. 13/2004, dated 30.06.2004, determined the market value of acquired land on different rates. However, fact remains that similar situated claimants, being dissatisfied with quantum of compensation awarded by LAC in Award No. 13/2004, dated 30.06.2004, filed reference petitions under Section 18 of the Act and those reference petitions were clubbed and disposed of by a common award passed in Reference Petition No. 7-S/4 of 08/05, titled as Hira Nand and others v. State of H.P. and others, wherein the Reference Court re-determined the market value of entire land and enhanced the amount for different categories, as described in the said award. 6. Being aggrieved and dissatisfied with the aforesaid award passed by learned District Judge (Forest), Shimla, Appellants-State, filed different appeals bearing RFA Nos. 13, 14, 16 & 17 of 2009, which came to be dismissed and the award passed by the learned District Judge (Forest), Shimla was upheld by this Court vide a common judgment dated 18.10.2017 by reiterating the market value of entire acquired land irrespective of its category and classification, as done by Reference Court. 7. Mr. M.S. Thakur, learned counsel representing the respondents-claimants, while placing reliance upon the aforesaid judgment dated 18.10.2017, passed by this Court, contended that this appeal also deserves to be dismissed, in terms of aforesaid judgment, because undisputedly claimants in the case at hand alongwith the claimants in the aforesaid references/cases were awarded compensation vide a common award No. 13 of 2004. He further argued that since this Court had upheld the findings of Reference Court, returned in the aforesaid Reference Petitions, therefore, the claimants in the instant case are also entitled to market value of entire acquired land as done by Reference Court. 8. Mr. Ashwani Sharma, learned Additional Advocate General representing appellants-State, while fairly acknowledging the factum with regard to passing of judgment dated 18.10.2017, in aforesaid RFA No. 13 of 2009, conceded that claimants in the case at hand are also entitled to enhanced market value of acquired land, as has been held in Reference Petition No. 7-S/4 of 08/05, titled as : Hira Nand and others v. State of H.P. and others, which has further been upheld by this Court in RFA No. 13 of 2009. 9. Consequently, in view of aforesaid discussion as well as fair stand adopted by Mr. 9. Consequently, in view of aforesaid discussion as well as fair stand adopted by Mr. Ashwani Sharma, learned Additional Advocate General representing appellants-State, present appeal is dismissed and it is ordered that directions contained in RFA No. 13 of 2009, titled as: State of H.P. and others v. Hira Nand and others shall mutatis mutandis apply to the present case also. 10. Interim order, if any, is vacated. All the miscellaneous applications are disposed of.