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2024 DIGILAW 4 (HP)

Sat Pal v. State of Himachal Pradesh

2024-01-01

AJAY MOHAN GOEL

body2024
JUDGMENT : Ajay Mohan Goel, J. These three appeals arise out of the award passed by the learned Collector dated 08.01.2010, i.e., award No.2 of 2010, which was passed under the Land Acquisition Act, 1984 by the Collector under Section 11 thereof, for the construction of Dawanti to Gamber Khad Link Marg in Revenue Village- Danwati, Tehsil Kandaghat, District Solan, H.P. As common factual and legal issues are involved in these appeals and as all these three appeals were heard together, therefore, they are being disposed of by a common judgment. 2. Brief facts necessary for the adjudication of these appeals are that the land of the appellants was acquired for the construction of Dawanti to Gamber Khad Link Marg in Revenue Village-Danwati, Tehsil Kandaghat, District Solan, H.P. Notification under Section 4(1) of the Land Acquisition Act, was issued on 13.06.2008. After complying with the statutory formalities, award under Section 11 of the Land Acquisition Act, was announced on 08.01.2010, in terms of the award passed by the learned Acquisition Collector, the compensation payable to the appellants was determined as under:- “8. Enquiry into measurement, market value of land and claims U/s 11 of the Act:- (a) Measurement of land:-All the persons interest have shown their acceptance of the demarcation of the acquire land as given U/s 8 of the Act by the Naib Tehsildar of this office. (b) Market value of land:-The one year average market value of Mauza Danwati was procured by the field staff and the same was sent to District Collector, Solan for approval. The District Collector Solan, District Solan, H.P. vide office letter No.DRA/1-56/88-18-8196 dated 18.08.2009. The same is reproduced classification wise as under:- Classification of land Rate per bigha Rate per biswa 1. Kuhal Rs.10,27,500/- Rs.51,375/- 2. Katul Rs.7,50,000/- Rs.37,500/- 3. Bangar-1 Rs.5,62,500/- Rs.28,125/- 4. Bangar-II Rs.3,75,000/- Rs.18,750/- 5. Bangar-III Rs.1,87,500/- Rs.9,375/- 6. Bangar Kadeem Rs.67,500/- Rs.3,375/- 7. Ghasni Rs.45,000/- Rs.2,250/- In the instance case 0-4 biswa land is cultivated and 1-14 bigha uncultivated out of total land measuring 1-18 bigha. The one year average market value approved by the District Collector, Solan, appears to be fair, adequate, reasonable and rational. Bangar-1 Rs.5,62,500/- Rs.28,125/- 4. Bangar-II Rs.3,75,000/- Rs.18,750/- 5. Bangar-III Rs.1,87,500/- Rs.9,375/- 6. Bangar Kadeem Rs.67,500/- Rs.3,375/- 7. Ghasni Rs.45,000/- Rs.2,250/- In the instance case 0-4 biswa land is cultivated and 1-14 bigha uncultivated out of total land measuring 1-18 bigha. The one year average market value approved by the District Collector, Solan, appears to be fair, adequate, reasonable and rational. Therefore, the market value of land under acquisition is hereby determined classification wise i.e. Bangar-III (o-4 biswa) for cultivable and Charand (1-14 bigha) for uncultivated respectively and the total compensation is worked out as under:- A) Compensation: (i) Market value of land U/s 23(1) First Clause Rs.1,14,000.00 (ii) 12% Additional amount on Market value of land w.e.f. 13.06.2008 to 08.01.2010, i.e. 575 days. Rs.21,551.00 (iii) 30% Solatium. Rs.34,200.00 Total compensation (i+ii+iii) Rs.1,69,751.00 Hence, it hereby assess and determine Rs.1,69,751.00 (Rupees One Lac, Sixty None Thousand Seven Hundred and Fifty One Only) an amount of compensation for which the persons interest are entitled to claim and to receive as per the provisions of the Act.” 3. Feeling aggrieved, the land owners filed Reference Petitions under Section 18 of the Land Acquisition Act. These Reference Petitions were answered by the learned Reference Court in terms of award dated 14.05.2015, vide which, the award passed by the Land Acquisition Collector was modified by the learned Reference Court as under:- “33. As a sequel to my aforementioned discussion, petition is partly allowed with no order as to costs and the market value of the acquired land on the date of publication of the notification under Section 4 of the Act is assessed at Rs.9,375/0 per biswa and petitioner is held entitled to the excess payment with further statutory interest under Sections 23(2) and 28 of the Act thereon, including interest under Section 23(1)(A) of the Act on the solatium amount. Reference is answered accordingly. Memo of costs be prepared. File after due completion be consigned to the record room.” 4. Still not satisfied with the compensation awarded to them, the landlords have filed these three appeals. 5. Reference is answered accordingly. Memo of costs be prepared. File after due completion be consigned to the record room.” 4. Still not satisfied with the compensation awarded to them, the landlords have filed these three appeals. 5. Learned Senior Counsel for the appellants argued that the learned Reference Court erred in all the matters in not awarding compensation to the land owners for the Tuni Trees standing thereupon as well as for the damages suffered by the land owners on account of the construction of the road, which adversely affected, other property of their, which was not otherwise acquired. He further argued that the enhancement made by the learned Reference Court in the compensation payable to the appellants was not appropriate and the landlords were entitled for compensation @Rs. 28,152/- per biswa. He submitted that as the land was acquired for the commercial purpose, therefore, the Reference Court should have enhanced compensation, keeping this aspect in view, which was not done. Accordingly, learned Senior Counsel prayed that these three appeals be allowed and the award passed by the learned Reference Court be modified by ordering that the appellants be compensated for the land acquired @Rs.28,152/- per biswa alongwith or other statutory benefits. 6. The appeals were opposed by the State. Learned Additional Advocate General argued that the compensation awarded to the appellants is fair and just. He submitted that as the appellants failed to prove that there either were any Tuni Trees upon the acquired land or the construction of the road as otherwise caused any damage to the remaining property of the appellants, therefore, their said contentions were rightly rejected by the learned Reference Court. He also argued that the amount awarded by the learned Reference Court was based on the basis of evidence on record and the appellants were not entitled for enhanced compensation at the rate, which is being claimed by them. 7. I have heard learned counsel for the parties and I have also carefully gone through the award passed by the learned Reference Court as also the record of the case. 8. For the purpose of the constriction of the road in issue, in all, 1-18 bigha of land was acquired. In terms of the award passed by the learned Collector, 0-4 biswa of land was cultivable and 1-14 bigha uncultivable. 8. For the purpose of the constriction of the road in issue, in all, 1-18 bigha of land was acquired. In terms of the award passed by the learned Collector, 0-4 biswa of land was cultivable and 1-14 bigha uncultivable. The average market value of Mauza Danwanti obtained by the field staff, classification wise was found to be as under:- Classification of land Rate per bigha Rate per biswa 1. Kuhal Rs.10,27,500/- Rs.51,375/- 2. Katul Rs.7,50,000/- Rs.37,500/- 3. Bangar-1 Rs.5,62,500/- Rs.28,125/- 4. Bangar-II Rs.3,75,000/- Rs.18,750/- 5. Bangar-III Rs.1,87,500/- Rs.9,375/- 6. Bangar Kadeem Rs.67,500/- Rs.3,375/- 7. Ghasni Rs.45,000/- Rs.2,250/- 9. Learned Collector after taking into consideration the fact that out of the acquired land measuring 1-18 bigha, 0-4 biswa was cultivable and 1-14 bighas was uncultivable, assessed the market value classification wise. It determined market value of 0-4 biswa of cultivable land on the average market value of Bangar-III, classification of land, which was Rs.9,375/- per biswa. For the balance, 1-14 bighas of uncultivable land, it assessed the market value, as per the classification Charand. Learned Reference Court while deciding the Reference Petitions filed under Section 18 of the Land Acquisition Act, firstly, held that none of the land owners was able to lead any cogent evidence to demonstrate that there was either Tuni Trees over the acquired land or in the course of the construction of the road, some portion of the remaining land of the land owners was damaged. It further went on to hold that the sale transaction being relied upon by the land owners were relatable to a period about 1 & ½ year after the issuance of the notification U/s 4 of the Land Acquisition Act and further it was also not clear as to what was the distance of the land involved in the sale transaction from the acquired land or the classification thereof. It held that since District Collector Solan, H.P., had assessed average value of Banjar-3, type of land at Rs.9,375/- per biswa and assessed market value of 4 biswa of acquired land on the basis of this classification, the above mentioned value should be held as market value of the acquired land, as when the land was acquired for the same purpose, the value thereof could not be assessed on the basis of classification and nature ignoring the purpose for which it was acquired. On this reasoning, it enhanced the market value of the acquired land by assessing the same to be Rs.9,375/- per biswa. 10. Having carefully perused the entire record as well as the statements of the parties on record as also the evidence, this Court does not finds any infirmity in the findings returned by the learned Reference Court that the land owners were neither able to prove that there were any Tuni Trees standing upon the acquired land or the fact that in the course of the construction of the road some other land of their was damage. The findings returned on said issues by the learned Reference Court calls for no interference as there is nothing on record to prove these allegations of the appellants. 11. Now, coming to the issue as to whether the land owners are entitled to compensation at the rate, as has been awarded by the learned Reference Court or Rs.28,152/- per biswa, as claimed by the land owners, this Court is of the considered view that the compensation as has been awarded by the learned Reference Court is fair and just. Before me it could not be demonstrated that the classification acquired land was Bangar-I. In fact, the Collector Land Acquisition in the award announced by him had held that out of 1-18 bigha of land acquired 0-4 biswa was cultivable, for which, the market value should be at the rate, which stood approved for the classification Bangar-III. In the Reference Petitions, which were filed by the land owners under Section 18 of the Land Acquisition Act, there was no such plea raised by the land owners/appellants that the classification of the land acquired relatable to the cultivable part thereof was Bangar-I and not Bangar-III. Besides this, the claim was made for compensation @Rs.20 lac per bigha, but this was not substantiated by leading any cogent evidence. The contention of the land owners that the land was acquired for commercial purpose also, belies logic for the reason that the same was acquired for construction of a link road, which cannot be termed to be a project undertaken for commercial purpose. The contention of the land owners that the land was acquired for commercial purpose also, belies logic for the reason that the same was acquired for construction of a link road, which cannot be termed to be a project undertaken for commercial purpose. Therefore, in these circumstances, as this Court is satisfied that the award passed by the learned Reference Court is fair, just and based on material, borne out from the record and also does not suffers from any perversity or illegality, these appeals are hereby dismissed. Pending miscellaneous applications, if any, also stand disposed of.