Rajasthan High Court - Jodhpur

Lrs Of Moman Ram And Ors vs State And Ors on 13 July, 2022

Bench: Madan Gopal Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 4450/2011

1. Samakori WD/o Surja Ram, by caste Jat resident of Dungarpura, Tehsil Bhandra District Hanumangarh. 2/1. Samakori Wd/o Hajari 2/2. Om Prakash S/o Hajari 2/3. Mahendra Singh S/o Hajari

3. Shankar S/o Surja Ram

4. Bhagwana S/o Surja Ram

5. Har Lal S/o Surja Ram

6. Hari Singh S/o Surja Ram

7. Chanan S/o Surja Ram.

All by caste Jat Khaliya, resident of Village Dungarpura, Tehsil Bhadra, District Hanumangarh.

----Appellant Versus

1. State of Rajasthan through Land Acquisition Officer Cum Sub Divisional Officer, Nohar District Hanumangarh.

2. District Collector, Hanumangarh.

3. Executive Engineer Sidhmukh Nahar Pariyojana, Land Measurement & Investigation Division Bhadra, District Hanumangarh.

----Respondent Connected With S.B. Civil Misc. Appeal No. 1655/2011

1. Mehar Chand S/o Likhma Ram

2. Khayali Ram S/o Likhma Ram Both by case Jat, resident of Dungarpura, Tehsil Bhandra District Hanumangarh.

----Appellant Versus

1. State of Rajasthan through Land Acquisition Officer Cum Sub Divisional Officer, Nohar District Hanumangarh.

2. District Collector, Hanumangarh.

3. Executive Engineer Sidhmukh Nahar Pariyojana, Land Measurement & Investigation Division Bhadra, District Hanumangarh.

Performa Respondents:

4. Hari Singh S/o Likhma Ram

5. Jagdish S/o Likhama Ram Respondent No.4 & 5 by caste Jat, resident of Dungarpura, Tehsil Bhadra District Hanumangarh.

----Respondent S.B. Civil Misc. Appeal No. 3000/2011

1. Amar Singh S/o Sh. Seva Ram, aged 60 years,

2. Krishna S/o Sh. Seva Ram, Both by case Kumhar, R/o Village Dungrana, Tehsil Bhadra

(2 of 6) [CMA-4450/2011]

District Hanumangarh

----Appellant Versus

1. State of Rajasthan through Land Acquisition Officer Cum Sub Divisional Officer, Nohar District Hanumangarh.

2. District Collector, Hanumangarh.

3. Executive Engineer Sidhmukh Nahar Pariyojana, Land Measurement & Investigation Division Bhadra, District Hanumangarh.

----Respondent S.B. Civil Misc. Appeal No. 4427/2011

1.Surja s/o Jeevan Ram

2.Bhagirath S/o Jeevan Ram

3.Ram Singh S/o Jeevan Ram

4.Bhagwana Ram S/o Jeevan Ram All by caste Jat (Sevda), R/o Ward No. 7, Bhadra District Hanumangarh.

----Appellant Versus

1. State of Rajasthan through Land Acquisition Officer Cum Sub Divisional Officer, Nohar District Hanumangarh.

2. District Collector, Hanumangarh.

3. Executive Engineer, Sidhmukh Nahar Pariyojana, Land Measurement & Investigation Division Bhadra, District Hanumangarh.

----Respondent S.B. Civil Misc. Appeal No. 4448/2011

1. Inder Chand S/o Kashi Ram

2. LR's of Bhikha Ram S/o Kashi Ram 2/1. Parmeshwari W/o Bhikha Ram 2/2. Ishwar Lal S.o Bhikha Ram 2/3. Sanwar Mal S/o Bhikha Ram 2/4. Chandra Kant S/o Bhikha Ram 2/5. Pawan Kumar S/o Bhikha Ram All by caste Brahmin, R/o Village Dungrana, Tehsil Bhadra, District Hanumangarh.

----Appellant Versus

1. State of Rajasthan through Land Acquisition Officer Cum Sub Divisional Officer, Nohar District Hanumangarh.

2. District Collector, Hanumangarh.

3. Executive Engineer, Sidhmukh Nahar Pariyojana, Land Measurement & Investigation Division Bhadra, District Hanumangarh.

----Respondent S.B. Civil Misc. Appeal No. 4449/2011

1. Lrs Of Moman Ram S/o Hukma Ram by caste Jat, R/o Village Dungrana, Tehsil Bhadra District Hanumangarh.

(3 of 6) [CMA-4450/2011]

1/1. Het Ram S/o Moman Ram 1/2. Tara Chand S/o Moman Ram 1/3. Bhadur Singh S/o Moman Ram 1/4. Roop Ram S/o Moman Ram 1/5. Bhanwar Lal S/o Moman Ram 1/6. Shankar S/o Moman Ram

2. Sukh Ram S/o Shri Hukma Ram, All by caste Jat, R/o Village Dungarana Tehsil Bhadra District Hanumangarh.

----Appellant Versus

1. State of Rajasthan through Land Acquisition Officer Cum Sub Divisional Officer, Nohar District Hanumangarh.

2. District Collector, Hanumangarh.

3. Executive Engineer, Sidhmukh Nahar Pariyojana, Land Measurement & Investigation Division Bhadra, District Hanumangarh.

----Respondent

For Appellant(s) : Mr. Sumer Singh Gour For Respondent(s) : Mr. Manjeet Singh Rathore for Ms. Abhilasha Bora

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

13/07/2022

The present bunch of appeals have been preferred by the

appellants-agriculturists against the judgment and order dated

20.01.2011 passed by the Reference Court of learned Additional

District & Sessions Judge Bhadra, District Hanumangarh in Civil

Reference Cases Nos. 104/2002, 37/2002, 19/2002, 105,2002,

107/2002 & 36/2002 whereby, the learned Reference Court has

rejected the above reference cases.

The reference was made against the order passed by the

Land Acquisition Officer, Nohar in respect of land acquired for

construction of Bhirani Minor Canal under the Sidhmukh Canal

Project in village Bhirani. The Land Acquisition Officer has awarded

(4 of 6) [CMA-4450/2011]

compensation under the provisions of Land Acquisition Act 1894 at

the rate of Rs.16,000/- per Bigha and vide the impugned order,

the learned Reference Court has rejected the respective reference

cases of the appellants. Thereafter, the appellants have preferred

the present appeals against the said judgment and order.

Learned counsel appearing for the appellants submits that

the similarly situated agriculturists whose land was acquired by

the land Acquisition Officer have been awarded a sum of

Rs.40,000/- per Bigha as compensation by the reference Court,

but in the case of the appellants, the acquisition officer has

awarded the compensation to the tune of Rs.16,000/- per Bigha

and the reference court has rejected their reference. Learned

counsel submits that despite the fact that the appellants have

produced number of documents before the learned Reference

Court to show that the similarly situated agriculturists have been

awarded a sum of Rs.40,000/- per Bigha, the learned Reference

Court has erroneously rejected the their reference cases. Thus, it

is prayed that while allowing the present misc. appeals the order

passed by the learned Reference Court may be set aside and

appellants may be awarded compensation to the tune of

Rs.40,000/- per Bigha for the acquired land as has been awarded

to the other similarly situated persons.

Learned counsel for the appellant submits that this Court in

SB CMA No. 415/2013 (State of Rajasthan Vs. Shanker Ram)

decided on 18.05.2015 and in SB CMA No.425/2013 (State of

Rajasthan & Ors. Vs. LRs of Surja Ram) decided on 14.05.2015

while upholding the judgment of the Reference Court dated

09.10.2012 and 05.11.2012 respectively whereby the Reference

Court has enhanced the quantum of compensation from

(5 of 6) [CMA-4450/2011]

Rs.16,000/- to Rs.40,000/- disposed of the CMAs preferred by the

respondent-State. Thus, it is submitted by learned counsel for the

apellants that since appellants are similarly situated persons,

therefore, they are also very much entitled for compensation to

the tune of Rs.40,000/- per Bigha as has been awarded to the

other agriculturists by the learned Reference Court. It is also

submitted by learned counsel that the similarly situated persons

have also been awarded interest on the amount of compensation

@ 9% for the period of one year from the date of order passed by

the Reference Court and after expiry of one year period till the

actual payment of amount of compensation, they have been

awarded simple interest @ 15% per annum.

Mr. Manjeet Singh Rathore learned counsel appearing for the

respondents/state is not in a position to dispute the aforesaid

factual aspect of the matter.

I have perused the order dated 14.05.2015 passed in S.B.

CMA No. 425/2013 wherein this Court passed the following

order :-

"Accordingly, while upholding the order of the Reference Court dated 5.11.2012 on the point of quantum of compensation, it is directed that the interest on the enhanced amount of compensation @9% p.a. shall be payable for the period of one year from the date of the order dated 05.11.2012 passed by the Reference Court of Addl. District Judge, Bhadra and after expiry of one year period till the actual payment of enhanced amount of compensation the simple interest @15% p.a. shall be payable to the respective landholders.

With the aforesaid modification in the aforesaid in the impugned order dated 5.11.2012, the appeals filed by the State are disposed of. No costs. Copy of the order be sent to the parties concerned, court below and the Land Acquisition Officer forthwith.

(6 of 6) [CMA-4450/2011]

In view of the above, the present misc. appeals are allowed,

the impugned judgment dated 20.01.2011 is quashed and set

aside and it is ordered that the appellants are entitled for a sum of

Rs.40,000/- per Bigha as compensation. It is also directed that the

interest on the enhanced amount of compensation @ 9% p.a. shall

be payable for a period of one year from the date of order dated

20.01.2011 passed by the Reference Court and learned Additional

District & Sessions Judge, Bhadra District Hanumangarh and after

expiry of one year period till the actual payment of enhanced

amount of compensation the simple interest @ 15% p.a. shall be

payable to the respective land holders.