Himachal Pradesh High Court
The Collector Land Acquisition & ... vs Sh. Achharu Ram on 6 March, 2021
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
RFA No. 207 of 2014
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Reserved on: 2.3.2021
Decided on : 06.03.2021
The Collector Land Acquisition & another .......Appellants.
Versus
Sh. Achharu Ram ....... Respondent.
Coram:
Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the appellants: Mr. Hemant Vaid, Additional
Advocate General.
For the respondents: Mr. Ajit Singh Saklani, Advocate,
vice Mr. Jai Dev Thakur, Advocate.
Sureshwar Thakur, Judge
Through an award made by the learned
Reference Court, upon, reference Petition No. 2/2011,
decided on 23.7.2013, the land owner/respondent herein,
became awarded compensation amount, vis-a-vis,
acquired land, compensation amount whereof became
quantified in a sum of Rs.43,31,000/- per hectare, and,
thereon(s) became levied, apposite thereto statutory
benefits. The State of Himachal Pradesh becomes
Whether reporters of the local papers may be allowed to see the judgment?
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aggrieved therefrom, and, has hence thereagainst
.
instituted the instant appeal before this Court.
2. The land of the respondent became acquired for
construction of Sarkaghat-Maseran-Pingla road. The learned
Reference Court, upon, bearing in mind, the market value,
of, land categorized as "Barani Abbal", market value
whereof became quantified in a sum of Rs.43,31,000/-, per
hectare, also assessed in tandem therewith, a similar thereto
market value, vis-a-vis, contra-distinct therewith
classifications and categories of acquired land. Though the
afore uniformity or parity of market value, as becomes,
drawn by the learned Reference Court, vis-a-vis, all
categories or classifications of lands, as become put to
acquisition, does not, call for any interference, becoming
made qua therewith (i) as a catena of judgments
pronounced by the Courts of law, do validate, the
underlying therewith principle, (ii) principle whereof
enunciates that upon the purpose of acquisition, being
similar, thereupon the awardings, of, alike sum(s) of
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compensation, being imperative, vis-a-vis, all classifications
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or categories of acquired lands, (iii) as, upon acquisition the
relevant classification or categorization of lands, become
rendered insignificant or wholly irrelevant, in, making
assessment(s) of compensation qua therewith.
3. However, the acid contest which erupts inter-se
the litigants hereat, is confined to the legality, of, assessment
through the impugned award, of, compensation in a sum of
Rs. 43,31,000/- per hectare, vis-a-vis, the land as become
subjected to acquisition.
4. The best evidence for determining the market
value of the land concerned, is, comprised in sale
exemplars, rather satiating, the judicially pronounced tests,
in as much as (a) the apposite sale exemplar, holding
proximity in time angle, in as much, as its' bearing proximity,
vis-a-vis, issuance, of, the apposite notification under
Section 4, of, the Land Acquisition Act (hereinafter referred
to as "Act") (b) its satisfying the further principle of proximity
in location angle, as may become pronounced, upon, the
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lands borne in the apposite sale exemplar, becoming
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pronounced through adduction, of, cogent evidence, to
be located in proximity, to the lands put to the acquisition.
5. The respondent, did not depend, upon any sale
exemplar, for, justifying their contention that the award
made, vis-a-vis, the acquired land, by the Collector
concerned, warrants vindication by the learned Reference
Court, (i) contrarily, the land owner placed reliance, upon,
an award made on 19.1.2009, award whereof becomes
comprised in Ex. PX, and, wherein land located in an alike
hereat Mohal, and, qua Barani Abal land, compensation in
a sum of Rs.43,31,000/- per hectare became assessed.
Moreover when the award becomes pronounced upon
leading of evidence on record for establishing the afore
twin principle(s) carried in paragraph 4 (supra), (ii)
thereupon reliance as placed by the learned Reference
Court, upon, Ex. PX becomes amenable, for its, becoming
countenanced by this Court. Consequently, the impugned
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award made by the learned Reference Court is upheld and
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maintained, and, the instant appeal is dismissed.
All pending applications stand disposed of
accordingly.
No costs.
( Sureshwar Thakur),
r Judge.
6th March, 2021
(priti)
