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2019 DIGILAW 848 (HP)

State of H. P. v. Kamla Nand

2019-07-03

SANDEEP SHARMA

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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 27.06.2015, passed by learned District Judge (Forest), Shimla in Reference Petition No. 39-S/4 of 2013/12, titled as Kamla Nand vs. 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 Shilgaon, Tehsil Jubbal, District Shimla, H.P. came to be acquired for public purpose; namely; construction of "Thana Tarun Road" and acquisition proceedings commenced with the issuance of Notification under Section 4 of the Act on 01.08.2005. The Land Acquisition Collector (for short ‘LAC’) passed award No. 45/2008, dated 29.09.2008 and awarded compensation of the acquired land as per the classification of the land mentioned in the award. 3. Claimant, 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 27.06.2015, passed in above numbered reference petition, re-determined the market value of the acquired land @ Rs. 1627.44 per square meter. 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 "Thana Tarun Road" in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act on 01.08.2005, had filed land reference petitions before the learned District Judge (Forest), Shimla, praying therein to enhance the compensation awarded by LAC in award No. 45/2008, dated 29.09.2008. As has been noticed above, LAC, while passing award No. 45/2008, dated 29.09.2008, determined the market value of acquired land on different rates. As has been noticed above, LAC, while passing award No. 45/2008, dated 29.09.2008, 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. 45/2008, dated 29.09.2008, 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. 39-S/4 of 2013/12, titled as Kamla Nand vs. 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 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. It is not in dispute before this Court that similar situate claimants, whose land also came to be acquired for construction of "Thana-Turan Road" in the acquisition proceedings commenced with the publication of Notification issued under Section 4 of the Act on 01.08.2005, had filed land reference petitions before the learned District Judge (Forest), Shimla, praying therein to enhance the compensation awarded by LAC, which were decided and the compensation enhanced. The awards so passed were under challenge in this Court in several other appeals. One of such appeal, RFA No. 368 of 2014, titled as Himachal Pradesh Power Corporation Limited and Another vs. Narayan Singh and Others (for short "Narayan Singh's case") came to be decided alongwith its connected matters by a Co-ordinate Bench of this Court vide judgment dated 12.10.2018. This judgment, in turn, has been followed in RFA No. 222/2015, titled as Himachal Pradesh Power Corporation Limited and Another vs. Chanan Singh and Others alongwith analogous matters, decided on 12.10.2018. It is seen that this Court, on re-appraisal of the given facts and circumstances as well as the evidence available on record, has re-determined the market value of the acquired land as Rs. 2700/- per centiare and enhanced the compensation alongwith consequential statutory benefits accordingly. 8. Mr. It is seen that this Court, on re-appraisal of the given facts and circumstances as well as the evidence available on record, has re-determined the market value of the acquired land as Rs. 2700/- per centiare and enhanced the compensation alongwith consequential statutory benefits accordingly. 8. Mr. Sanjeev Sood, learned Additional Advocate General, representing the appellants- State, while fairly acknowledging the factum with regard to passing of judgment dated 12.10.2018 in Narayan Singh's case (supra), conceded that claimants in the cases at hand are also entitled to enhanced market value of acquired land at the rate of Rs. 2700/- per centiare alongwith all consequential statutory benefits as per the said judgment. 9. Consequently, in view of detailed discussion made hereinabove as well as fair stand adopted by Mr. Sanjeev Sood, learned Additional Advocate General representing the appellants-State, present appeal is dismissed and it is ordered that directions contained in RFA No. 368 of 2014, titled Himachal Pradesh Power Corporation Limited and Another vs. Narayan Singh and Others case supra shall mutatis mutandis apply to the present case also. 10. Appellant-State is directed to deposit the entire award amount in the Registry of this Court within a period of eight weeks from today, if not already deposited. 11. Interim order, if any, is vacated. All the miscellaneous applications are disposed of.