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2019 DIGILAW 2857 (RAJ)

Riico v. Nitin Bhai And Anr

2019-11-18

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - Civil Misc. Appeal No.501/2004 has been preferred by the appellant RIICO and Civil Misc. Appeal No.654/2004 has been preferred by the appellant M/s. Tirupati Fibres and Industry Ltd. challenging the judgment and decree dated 10.2.2004 passed by Civil Judge (S.D.), Abu Road in Reference Case No.2/1983. The claimant Nitin Bhai has submitted cross objections seeking enhancement of the compensation awarded. 2. The State Government at the instance of RIICO proceeded to acquire certain land by issuing notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 (for short, 'the Act of 1953') on 16.6.1980 and thereafter, declaration under Section 17(4) was issued on 16.2.1981. Notices were issued to the persons interested in terms of Section 9 and the land acquisition proceedings were completed and possession of land was handed over to the Tehsildar, Abu Road in the presence of all concerned and accordingly, panchnama was prepared. Thereafter, possession was handed over to RIICO. RIICO thereafter allotted the disputed land to M/s. Tirupati Fibres and Industry Ltd. The Land Acquisition Officer after hearing all the persons concerned determined the market value of the land in terms of the Act of 1953 and delivered the award on 21.8.1982. The amount determined by the Land Acquisition Officer was paid to the respective parties who received the same on 30.4.1983. In a common award, computation was made for three parties namely, Nitin Bhai, Hindustan Marbles Pvt. Ltd. and Pradeep Kumar. 3. The respondent Nitin Bhai had a total land of 3.03 bighas in khasra no.612 and 1.15 bighas in khasra no.613 and two houses constructed on the same. 4. While taking into consideration the prevailing rates and the details furnished by the Sub-Registrar, Abu Road and while keeping into consideration the yielding capacity and irrigation facilities, a compensation to the tune of Rs.1,800/- per bigha was determined. The determination was challenged by parallel claimants in a separate litigation by filing an appeal under Section 54 of the Land Acquisition Act, 1894 before this Court being S.B. Civil Misc. Appeal No.316/1993. This Court vide judgment dated 29.7.2002 dismissed the said appeal, the relevant portion whereof reads as under :- "In view of the admitted position that first land of the appellant was acquired in 1980 @ Rs.1,500/- per Bigha. Appeal No.316/1993. This Court vide judgment dated 29.7.2002 dismissed the said appeal, the relevant portion whereof reads as under :- "In view of the admitted position that first land of the appellant was acquired in 1980 @ Rs.1,500/- per Bigha. Against such action appellant has not preferred any reference or had not raised any grievance for an acquisition made in 1981. The Land Acquisition Officer and the referee court had warded Rs. 1600/- per B1gha. Till then prices has not shown an upward trend. No injustice has been done. The learned counsel for the appellant lastly contended that there are certain parcels of land which has been so1d at higher price. But these are residential areas. Undoubtedly residential area 1and will gain higher prices. This submission of the learned counsel for the appellant itself indicate that the price for industrial land and price for residential land had different parameter and that has to be judged differently. That being the position, the land meant for industrial use and residential area cannot be compared. As such, the argument of the learned counsel for the appe11ant does not have any substance. There is no force in the appeal. The appeal being meritless is, therefore, dismissed. The learned counsel for the appellant will be at liberty to withdraw the amount of compensation and the authorities will forthwith release the amount if it is applied by the appellant." 5. Learned Sr.Adv. Mr.N.M. Lodha appearing for appellant RIICO and learned counsel Mr.Manish Shishodia appearing for the appellant company submit that once a common award was challenged in an appeal by one of the beneficiaries and the rate of Rs.1,800/- per bigha was finalised, then no cause of action arise to the other beneficiary of the same award to challenge the said rate. They further submit that a review petition no.2514/2003 DR(J) against the said judgment passed in appeal was filed which was also dismissed by this Court on 14.11.2006. They also submit that the SLP against the original order was also dismissed by the Hon'ble Supreme court. 6. Learned counsel for the cross objector/claimant have not been able to point out any difference between the parameters adhered to by Land Acquisition Officer for Nitin Bhai while arriving to the rate of Rs.1,800/- per bigha. They also submit that the SLP against the original order was also dismissed by the Hon'ble Supreme court. 6. Learned counsel for the cross objector/claimant have not been able to point out any difference between the parameters adhered to by Land Acquisition Officer for Nitin Bhai while arriving to the rate of Rs.1,800/- per bigha. He is also not in a position to refute the adjudication made by this Court in the aforesaid appeal preferred by one of the beneficiaries. 7. After hearing the learned counsel for the parties and perusing the material available on record as well as the aforesaid judgment, this Court is of the opinion that once the coordinate Bench of this Court has finalised the compensation at the rate of Rs.1,800/- per bigha, then this Court is tied down to stick to the conclusions arrived at by this Court against the same award passed by the same Land Acquisition Officer on the same date regarding common land. 8. In light of the aforesaid observations, the appeals no.501/2004 and 654/2004 are allowed while the cross objections no.5/2006 are dismissed. It is held that the cross objector/respondent shall be entitled to the compensation at the rate of Rs.1,800/- per bigha. The compensation shall be granted to the cross objector/respondent at the rate of Rs.1,800/- per bigha along with interest, in case any amount remains to be paid. The judgment and decree dated 10.2.2004 passed by Civil Judge (S.D.), Abu Road in Reference Case No.2/1983 is modified accordingly. 9. All pending applications also stand disposed of.