IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No.183 of 2001 Judgment reserved on:28.7.2008. Decided on: August 04, 2008 Satya Dev Sharma & Ors. …..Appellants. VERSUS State of H.P. & Anr. …..Respondents. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Appellants : Mr.V.D.Khidta, Advocate. For the Respondents: Mr.Anshul Bansal, Addl.A.G. Kuldip Singh, Judge: This appeal has been directed against the award dated 22.2.2001 passed by learned District Judge, Shimla, in Land Reference No.110-S/4 of 1998 assessing market value of acquired land at Rs.45,847.20 per bigha and thus awarding excess compensation at the rate of Rs.36,176.40 as against the award of Collector assessing market value of the acquired land at Rs.9670.80 per bigha for Bakhal Awbal land. 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes …2… 2. The facts, in brief, are that Secretary (PWD), Government of Himachal Pradesh for acquiring land for public purpose for construction of Samolipul to Parsa- Lowerkoti road issued notification under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) which was published in H.P. Rajpatra on 17.6.1995. The Collector announced the award on 31.10.1996 and assessed the market value at Rs.9670.80 per bigha for Bakhal Awbal and Bakhal Doem land and at Rs.4835.20 for Banjar Kadim. The land owners were not satisfied with the market value assessed by the Collector, therefore, they filed reference petition under Section 18 of the Act regarding land comprised in Khasra No.408/1 measuring 0-06/02 Hectares Bakhal Awbal land. The petition was contested. The learned District Judge vide award dated 22.2.2001 assessed the market value of Bakhal Awbal and Bakhal Doem land at Rs.45,847.20 per bigha as against Rs.9670.80 per bigha assessed by the Collector. The learned District Judge, thus, gave enhancement of Rs.36,176.40 per bigha for Bakhal Awbal and Bakhal Doem land. The land owners have come in appeal against the award dated 22.2.2001 for enhancement of compensation. …3… 3. I have heard Mr.V.D.Khidta, learned counsel for the appellants, Mr.Anshul Bansal, learned Additional Advocate General, for respondents and gone through the record. Mr.Khidta has submitted that the acquired land is situated in Chak Parsa. In the same Chak earlier acquisition took place in the year 1983 and at that time the market value of the land was assessed at Rs.60,000 per bigha vide award Ext.PB. He has submitted that Himachal Pradesh State Electricity Board vide sale deed Ext.PC dated 19.3.1996 had purchased 0-31-13 Hectares land in Chak Samoli for Rs.4,13,936 or say at the rate of Rs.5000 per biswa. He has submitted that Chak Samoli is adjacent to Chak Parsa and, therefore, appellants are entitled to compensation at least at the rate of Rs.80,000 per bigha. The learned Additional Advocate General has supported the impugned award and has submitted that the learned District Judge has already given increase of Rs.36,176.40 per bigha which is just and equitable keeping in view the facts and circumstances of the case, the appellants are not entitled to any further enhancement of compensation. 4. The controversy between the parties is in narrow compass. The learned counsel for the appellants has relied sale deed Ext.PC dated 29.2.1996 vide which land …4… was sold at the rate of Rs.5000 per biswa. It has come on record that acquired land is situated in Chak Parsa whereas the land covered by sale deed Ext.PC is in Chak Samoli. There is no evidence on record to show the comparability of acquired land with the land covered by sale deed Ext.PC. Therefore, sale deed Ext.PC cannot be relied for determining the market value of the acquired land. Similarly, there is no evidence on record to show the comparability of land covered by Ext.R-1 statement of average market value of land based on the sale transactions for the year 1994 as well as of sale deed Ext.RA with the acquired land. Hence, Ext.R-1 and Ext.RA cannot be relied for assessing the market value of the acquired land. 5. It has not been disputed that earlier 2 bighas 9 biswas land was acquired for Samoli – Parsa – Lowerkoti road and to this effect a notification under Section 4 of the Act was published on 12.11.1983. The Collector on 24.8.1987 in all had awarded Rs.5810 for whole of the land measuring 2 bighas 9 biawas including trees, house and crops etc. A reference petition under Section 18 of the Act was filed for assessing the market value of the acquired land and the learned Additional District Judge (1), Shimla …5… vide award dated 16.1.1993 Ext.PB assessed the market value of land at Rs.3000 per biswa or Rs.60,000 per bigha. The learned District Judge has not relied the award Ext.PB on the ground that award Ext.PB determines the rate of land which was prevalent in the year 1983 whereas the notification of acquisition for acquired land was issued in the year 1995 and, therefore, rate prevalent in the year 1995 is required to be determined. The award Ext.PB cannot be ignored on this ground inasmuch as loss, if any, for the purposes of determination of the market value of the acquired land on the basis of award Ext.PB is of the land owners and not of the respondents. The learned District Judge has also ignored award Ext.PB on the ground that while assessing the market value in Ext.PB the learned Additional District Judge has compared the land of Chak Parsa with the land of Chak Rohru which could not have been done. The fact remains the learned Additional District Judge ultimately assessed the market value at the rate of Rs.60,000 per bigha in award Ext.PB. It is nobody’s case that the rate determined by learned Additional District Judge in award Ext.PB was set aside in appeal. In other words, the market value assessed by the learned Additional District Judge in award Ext.PB of land situated in Chak …6… Parsa attained finality. The land covered by award Ext.PB was also acquired for the road for which the land was acquired in the present case, therefore, rate assessed in award Ext.PB is applicable for the land acquired in the present case. Hence, the market value of the acquired land comes at Rs.60,000 per bigha for Bakhal Awbal and Bakhal Doem as against Rs.9670.80 per bigha assessed by the Collector. The appellants are entitled to enhancement of Rs.50,329.20 per bigha. The learned District Judge has erred in not relying award Ext.PB for assessing the market value of the acquired land. The impugned award, therefore, requires modification. 6. No other point was urged. 7. The result of the above discussion, the appeal is partly allowed, award dated 22.2.2001 passed by learned District Judge, Shimla is modified. The appellants are awarded compensation at rate of Rs.60,000 per bigha along with 12% additional amount under Section 23(1-A) with effect from 17.6.1995 date of publication of notification under Section 4 of the Act to 31.10.1996 date of award of the Collector together with 30% compulsory acquisition charges and interest at the rate of 9% per annum on excess compensation w.e.f. 17.6.1995 for one …7… year and thereafter at the rate of 15% per annum till payment. The respondents shall work out the amount accordingly and pay the same to the appellants. No costs. August 04, 2008 ( Kuldip Singh ) (soni) Judge.