IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA: RFA.No.54/2003 Date of Decision:19th August,2008 1.RFA.No.54 of 2003. State of H.P. and another. …Appellants. Versus: Khekh Ram. …Respondent 2.RFA.No.55 of 2003. State of H.P. and another. …Appellants. Versus: Smt. Uttami. …Respondent 3.RFA.No.56 of 2003. State of H.P. and another. …Appellants. Versus: Prem Singh. …Respondent Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for Reporting?1 .No. For the appellants: Mr.R.K.Bawa, Advocate General with Mr.Vivek Thakur, Additional Advocate General. For Respondent . Mr.Sanjeev Kuthiala, Advocate. Sanjay Karol, J (Oral). The present appeals arise out of the award dated 2nd November, 2002 passed by the District Judge, Kullu, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 in Reference Petition No. 2 of 2001 titled as Khekh Ram Vs. Collector, Land Acquisition, Kullu and another, Reference Petition No. 3 of 2001 titled as Smt.Uttami Vs. Collector, Land Acquisition, Kullu and another and Reference Petition No. 4 of 2001 titled as Prem Singh Vs. Collector, Land Acquisition, Kullu and another. Learned counsels for the parties are in agreement that since common questions are involved, therefore, these appeals can be disposed of by a common judgment. For the public purpose, namely, expansion of the Airport at Bhunter, Kullu, H.P. land belonging to the claimants/respondents herein was acquired vide Notification dated 11th June, 1998 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) and the award under Section 11 bearing No. 1 of 2000 dated 19th July, 2000. The Collector awarded a sum of Rs. 25,000/- per biswa as market value and compensation payable to the land owners for the said acquisition. Aggrieved by the same, the land owners/claimants filed Reference Petitions before the District Judge, Kullu. Details of the said reference petitions have already been mentioned in para-1 hereinabove. The petitions were clubbed together and disposed of as such after adducing common evidence. Based on the material on record, the District Judge enhanced the market value of the land and 3 awarded compensation of Rs. 50,000/- per biswa instead of Rs.25,000/- per biswa. The State has filed the present appeals and challenged the said award passed by the District Judge in the Land Reference Petitions. Shri Vivek Thakur, learned Additional Advocate General has argued that the court below has seriously erred in ignoring the sale deeds produced on record by the State. It has also been argued that there is no material on record to prove the similarity of the acquired land with that of the exemplar sales produced by the claimants. Per contra, Sh. Sanjeev Kuthiala, Advocate has supported the impugned award for the reasons set out therein and has emphasized on the claimants’ statement to show that there was enough material on record to prove the location, classification and the potentiality of the acquired land. I have heard learned counsel for the parties and also perused the record. Sh. Jeet Ram (PW-1) and Sh. Inder Singh (PW-2) have proved on record the sale deeds (Ext.PW-1/A and Ext.PW-2/A). Vide sale deed (Ext.PW-1/A) dated 24th January, 1996, 8 biswa of land was sold for a total consideration of Rs. 8,00,000/- and vide sale deed (Ext. PW-2/A ) dated 7th August, 1997, 4 biswa of land was sold for Rs.4,00,000/-. 4 Thus, the claimants were able to prove the market value of the sold land to be Rs.1,00,000/- per biswa. PW-1 and PW-2 have also proved that the acquired land is similar to that of the land covered by the exemplar sale deed, having same potentiality, classification and nature. Sh.Jhabe Ram (PW- 3), power of attorney holder of the claimants, has categorically stated that his land acquired by the tourism department of the State for the purpose of expansion of the Airport is situated just adjoining to the existing Airport and is within the limits of the Nagar Panchayat, Bhunter. He has clarified that the land is situated on the National Highway and at the time of acquisition proceedings, the market value of the land was Rs. 20,00,000/- to 25,00,000/- per bigha. Sh.Beli Ram (RW-6) has corroborated and substantiated the statement of Sh.Jhabe Ram (PW-3). It has been admitted by him that the market value of the land on the date of the acquisition on the National Highway was Rs.50,000/- to Rs.1,00,000/- per biswa. Ext.RW-1/A, Ext.RW-1/B,Ext. RW-3/A,Ext. RA, Ext. RB and Ext. RC are the sale deeds which have been placed on record by the respondents. No doubt, these sale deeds pertain to the same village. But, however, from the material on record, it cannot be said that the respondents have proved on record the location, similarity and the classification of the acquired land with that of the land 5 covered by the said sale deeds. The court below, therefore, has rightly rejected the same. In fact, Sh. Ram Nath (RW-3) while proving sale deed Ext.RW-3/B has admitted that the land sold by him is at a distance of about 2 Kms. from Bhunter which fact has also been admitted by Sh. Beli Ram (RW-6). The claimants have been able to prove the market value of the acquired land which is situated in and around the Bhunter Bazar. The claimants have proved on record through cogent and reliable evidence that the location, similarity and potentiality of the acquired land. The land in question is situated in Bhunter which is a big business centre of Kullu District. As per the sale deeds (Ext.PW-1/A and Ext.PW- 2/A), the market value of the acquired land is proved to be Rs.1,00,000/- per biswa. But, however, the court below, keeping in view the various factors in consideration has only awarded Rs. 50,000/- per biswa. The enhancement in the market value has been done keeping in view the various factors including the location, potentiality and the commercial value of the acquired land. I see no infirmity, illegality and irregularity in the same. In my view, the Court below has correctly applied the principles of law and appreciated the material while arriving at its conclusion. The Apex Court in Chimanlal 6 Hargovinddas Vs. Special Land Acquisition Officer, Poona and another (AIR 1988 SC 1652) laid down the principles on the basis of which compensation for the acquisition of the land is to be arrived at . In my view, all relevant factors have been considered while arriving at its decision. The award has been passed keeping in view the material on record. For the aforesaid reasons, the present appeals are dismissed, so also the pending applications. (Sanjay Karol), Judge. August 19, 2008(R)