Himachal Pradesh High Court
State Of H.P. Through vs Land Acquisition Collector on 7 October, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7nd DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR.JUSTICE SANDEEP SHARMA
REGULAR FIRST APPEAL No.317 OF 2014
ALONGWITH
REGULAR FIRST APPEAL NOS.318 & 386 OF 2014
Between:-
1. RFA NO.317 OF 2014
1. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY IPH
TO THE GOVT.OF H.P.
SHIMLA.
2.
THE LAND ACQUISITION COLLECTOR,
SHAHNEHAR, FATEHPUR,
TEHSIL FATEHPUR,
DISTT.KANGRA, HP.
......APPELLANTS
(BY SH. SUDHIR BHATNAGAR, AND
SH. DESH RAJ THAKUR, ADDITIONAL
ADVOCATE GENERALS WITH
SH.NARENDER THAKUR, DEPUTY
ADVOCATE GENERAL.)
AND
SH.JAI SINGH
S/O COL.SOHAN SINGH,
S/O BHIKHAM SINGH,
RESIDENT OF MOHAL AND MOUZA
REY,
TEHSIL FATEHPUR,
DISTRICT KANGRA (HP)
...RESPONDENT/CLAIMANT.
(BY MR.GAURAV GAUTAM, ADVOCATE)
2. RFA NO.318 OF 2014
1. STATE OF H.P. THROUGH
PRINCIPAL SECRETARY IPH
TO THE GOVT.OF H.P.
SHIMLA.
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2. THE LAND ACQUISITION COLLECTOR,
SHAHNEHAR, FATEHPUR,
TEHSIL FATEHPUR,
DISTT.KANGRA, HP.
......APPELLANTS
.
(BY SH. SUDHIR BHATNAGAR, AND
SH. DESH RAJ THAKUR,
ADDITIONAL ADVOCATE GENERALS
WITH SH.NARENDER THAKUR,
DEPUTY ADVOCATE GENERAL.)
AND
SH.JAI SINGH
S/O COL.SOHAN SINGH,
S/O BHIKHAM SINGH,
RESIDENT OF
MOHAL AND MOUZA REY,
TEHSIL FATEHPUR,
DISTRICT KANGRA (HP)
...RESPONDENT/CLAIMANT.
(BY MR.GAURAV GAUTAM, ADVOCATE)
3. RFA NO.386 OF 2014
1. THE LAND ACQUISITION COLLECTOR,
SHAHNEHAR, FATEHPUR,
TEHSIL FATEHPUR,
DISTT.KANGRA, HP.
2. THE PRINCIPAL SECRETARY IPH
TO THE GOVT.OF H.P.
......APPELLANTS
(BY SH. SUDHIR BHATNAGAR, AND
SH. DESH RAJ THAKUR,
ADDITIONAL ADVOCATE GENERALS
WITH SH.NARENDER THAKUR,
DEPUTY ADVOCATE GENERAL.)
AND
SH.MADAN LAL
S/O SH.HARI LAL,
RESIDENT OF VILLAGE AND POST
OFFICE, MOHAL AND MOUZA REY,
TEHSIL FATEHPUR,
DISTRICT KANGRA (HP)
...RESPONDENT/CLAIMANT.
(BY MR.GAURAV GAUTAM, ADVOCATE)
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Whether approved for reporting ?
This appeal coming on for orders this day, the Court passed the
following:
JUDGMENT
.
Since all the above captioned appeals filed under
Section 54 of the Land Acquisition Act, 1894 (hereinafter
referred to as the Act), are directed against the award dated
23.11.2012, passed by learned Additional District Judge-(I),
Kangra at Dharamshala, in Reference Case RBT No.23-J/10,
titled as: Shri Madan Lal vs. Land Acquisition Collector,
alongwith other connected matters, as described in the award,
the same are being taken up together for adjudication with the
consent of learned counsel representing the parties.
2. I have heard learned counsel for the parties and
gone through the record of the case.
3. It is not in dispute that the suit land belonging to
the claimants-respondents, came to be acquired for public
purpose; namely construction of Shah Nehar Project, Fatehpur
and acquisition proceedings commenced with the issuance of
Notification under Section 4 of the Act on 28.09.2007. The
Land Acquisition Collector (for short 'LAC') passed an award
and awarded compensation of the acquired land as per the
classification of the land mentioned in the award.
4. Claimants, who are respondents in these appeals,
being aggrieved and dissatisfied with the amount of
compensation awarded by 'LAC', preferred Reference Case RBT
No.23-J/10 (supra) under Section 18 of the Act, before the
learned Additional District Judge-I, Kangra at Dharamshala,
.
H.P., seeking therein enhancement of compensation. Learned
Additional District Judge-I, Kangra at Dharamshala vide
impugned award dated 23.11.2012, re-determined the market
value of entire land irrespective of classification on uniform
basis and awarded a sum of Rs.7.5 lacs per hectare as per
detail given in the impugned award.
5. Being aggrieved and dissatisfied with the impugned
award dated 23.11.2012, passed by the learned Additional
District Judge-I, Kangra at Dharamshala, H.P. in Reference
Petition No. 23-J/10 (supra), having been filed under Section 18
of the Act, appellants have approached this Court for setting
aside the same.
6. It is not in dispute before this Court that similar
situate claimants, whose land also came to be acquired for the
same purpose i.e. for construction of Shah Nehar Project in the
acquisition proceedings commenced with the publication of
Notification issued under Section 4 of the Act, had filed land
reference petitions before the learned Additional District Judge-
I, Kangra at Dharamshala, praying therein to enhance the
compensation awarded by 'LAC', in its award. Those reference
petitions were clubbed and disposed of by a common award,
wherein the Reference Court re-determined the market value of
entire land irrespective of classification on uniform basis and
awarded a sum of Rs.7.5 lacs per hectare, which has been
.
reaffirmed by a Co-ordinate Bench of this Court vide judgment
dated 01.06.2016 in RFA No.953 of 2012-C, titled as: Land
Acquisition Collector & Another vs. Jatinder Singh, (for
short "Jatinder Singh's case") alongwith connected matters.
7. Mr.Gaurav Gautam, learned counsel representing
the respondents-claimants, while placing reliance upon the
judgment passed in RFA No.953 of 2012-C (supra), contended
that these appeals also deserve to be dismissed, in terms of
aforesaid judgment. He further argued that since this Court
had upheld the findings of Reference Court, returned in the
aforesaid Reference Petitions, therefore, the claimants in these
appeals are also entitled to market value of entire acquired
land as done by Reference Court.
8. Mr.Narender Thakur, learned Deputy Advocate
General, representing appellants-State, while fairly
acknowledging the factum with regard to passing of judgment
in RFA No.953 of 2012-C (supra), was not able to refute the
fact that claimants-respondents in these appeals are also
entitled to enhanced market value of acquired land.
9. Consequently, in view of aforesaid discussion as
well as fair stand adopted by Mr.Narender Thakur, learned
Deputy Advocate General, representing the appellants-State,
present appeals are dismissed and it is ordered that directions
contained in RFA No.953 of 2012-C, titled as: Land
.
Acquisition Collector & Another vs. Jatinder Singh, shall
mutatis mutandis apply to the present cases 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.
October 7, 2021 (Sandeep Sharma)
(aks) Judge
