HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No. 32 of 2007 State of Uttarakhand through Collector Tehri Garhwal ……….. Appellant Versus 1. Paripurnanand 2. Sachidanand 3. Keshivanand 4. Smt. Premwati All sons and daughter of Sri Krishnand Painuli r/o 499/2 Hanumand Puram Gali No. 6 Rishikesh, District Dehradun. ………. Respondents Standing Counsel for the appellant Sri R. Dobhal, Advocate for the respondents. Dated: 17.3.2008 Hon’ble Rajesh Tandon, J. Heard Standing counsel for the appellant and Sri R.Dobhal counsel for the respondents. Present appeal has been filed against the judgment and decree dated 8.3.2007 passed by the District Judge, Tehri Garhwal in land acquisition Case No. 2 of 1996. Brief facts giving rise to the present appeal are that the Special Land Acquisition Officer Tehri Garhwal made an award in respect of the land acquired by the Government belonging to the claimant-respondents measuring 2345 Sq. Ft. of Khata No. 12 and land measuring 4152 Sq., Ft. of Khata No. 13 with kbuildings standing thereon belonging to different sets of petitioners. After hearing the parties the Land Acquisition 2 Reference No. 2 of 1996 was decided by the reference3 Court on 18.9.2001 and the petitioners were awarded enhanced compensation of Rs.3,20,053/- in respect of market value of the land and the costs of construction and on other counts against which an appeal No. 1089 of 2001 was filed by the State in the High Court which was decided on 27.9.2004. A Division Bench of High Court has confirmed findings of the reference court except about the market rate of the land granted by the reference Court. The matter was remanded back to the reference Court to consider the matter afresh as it relates to the market price of the land acquired. The Claimants filed copy of the judgment of High Court passed in another appeal and also an exemplar sale deed executed by Vijaipal Singh dated 16.1.1985. Two witnesses Sachidanand Painuli and Ramswaroop Kotiyal were examined whereas the State did not file any further evidence. The High Court in its Order dated 27.9.2004 has confirmed the findings of the District Judge for compensation regarding building, trees shifting allowance and other aspects, and remanded the case for fixing the market value of the land afresh. After hearing both the parties the reference Court has fixed the market value of the land of the claimant-respondents at the rate of Rs.30/- per Sq. Ft. and enhanced compensation of Rs.1,22,248/- for Khata No. 12 and Rs.1,97,805/- for Khata No. 13. Thus a total compensation of Rs.3,20,053/- was awarded to the respondents. Feeling aggrieved the present appeal has been filed by the State. In a similar case in F.A. No. 560 of 2001 State of U.P. vs. Sri Lekhi Ram Semalti a Dvision Bench of this High Court vide order dated 9.8.2004 has observed as under: “9. From the facts and evidence on record, it is clear that the land of the claimant-respondent was acquired for the purpose of Tehri Dam. The total area which was acquired by the Government vide notification dated 22.1.1983 under section 4 of the Act was 860 Sq. Ft. Therefore, the findings of the District Judge that the claimant was entitled for compensation for 1598 Sq. Ft. is erroneous as the compensation can only be given for the acquired area i.e. 860 Sq. Ft. for which notification under section 4 and 6 of the Land Acquisition Act, were issued. Considering the facts and circumstances of the case, we are of the opinion that claimant-respondent was entitled to compensation for the said area of 860 Sq. Ft. and the amount he had spent for the development of the same. Thus, the claimant respondent is entitled to a sum of Rs.25,800/- as compensation for the aforementioned land of 860 Sq. Ft. @ Rs.30/- per Sq. FT.” On the basis of above, I find no illegality in the findings recorded by the reference Court that the claimant-respondents are entitled to get compensation at the rate of Rs.30/- per Sq. Ft. Consequently, the appeal has no merit and deserves to be dismissed. 4 The appeal is dismissed. No order as to costs. Dated: 17.3.2008 Rajesh Tandon, J. *Dhyani