1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 1/8 1. S.B. CIVIL MISC. APPEAL NO.56/1987 Tulsi Ram & Ors. Vs. State & Ors. 2. S.B. CIVIL FIRST APPEAL NO.36/1987 R.S.E.B. Jaipur & Ors. Vs. Narain 3. S.B. CIVIL FIRST APPEAL NO.37/1987 R.S.E.B. & Ors. Vs. Tulsi Ram & Ors. 4. S.B. CIVIL FIRST APPEAL NO.38/1987 R.S.E.B. & Ors. Vs. Mangi Lal & Ors. 5. S.B. CIVIL MISC. APPEAL NO.54/1987 Mst. Narayani Vs. State of Rajasthan. 6. S.B. CIVIL MISC. APPEAL NO.55/1987 Mangi Lal & Anr. Vs. State of Raj. & Ors. Date of order : 28th April, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. J.R. Beniwal for the appellants. Mr. Manish Shishodia with Mr. Jagat Tatia for R.S.E.B. Mr. Sandeep Bhandawat for State. ----- 1. These appeals arise out of the order dated 3.1.1987 passed in Reference under Section 18 of the Rajasthan Land Acquisition Act. These misc. appeals have been filed by the landholders for enhancement of compensation awarded by the reference Court by the impugned judgment and order at the rate of Rs.6000/- per bigha of the land acquired for setting up of GSS station by respondent R.S.E.B., whereas cross first appeals have been filed by the respondent R.S.E.B. for challenging the enhancement of compensation by the reference Court. The Land Acquisition Officer had awarded the compensation at the rate of Rs.2500/- per bigha 1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 2/8 whereas the Reference court enhanced the same to Rs.6000/- per bigha by the impugned order dated 3.1.1987. 2. This Court vide order dated 10.10.2006 on the basis of additional evidence which was produced by the parties by application under Order 41 Rule 27 C.P.C. framed the following additional issue and remitted the matter back to the learned ADJ for giving its finding thereon:- “(i) Whether the land in question involved in this land acquisition proceedings is similar or identically situated to the land of the land acquisition case No.8/85 and land acquisition case for which award was passed on 28th January, 1988 (Annex.1) and land involved in the land acquisition cases for which notification under Section 4 of the Rajasthan Land Acquisition act was issued on 28th March, 1981 and that land acquisition proceedings was decided by this Court vide judgment dated 16th January, 2002.” 3. After recording the evidence of both the parties, the learned ADJ No.1, Jodhpur has returned its finding on the said additional issue vide its order dated 23rd March, 2007 and the learned court below has found that the land involved in the award dated 28.12.1988 produced by the appellants land owners was situated 1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 3/8 nearer to the land in question involved in the present case whereas the land under the registered sale deed dated 30.8.1983 produced by the respondents R.S.E.B. was farther namely 5 kms. away from Basni Railway Station whereas the land in question was situated only 1 km. away from the said Basni Railway Station. Under the award dated 28.12.1988 the compensation was awarded at the rate of Rs.14,000/- per bigha. For another similarly situated land in the nearby area, the compensation awarded was ultimately enhanced by this Court at the rate of Rs.11,000/- per bigha. The same was done vide order dated 16.1.2002 in S.B. Civil Misc. Appeal No.217/1994 – State of Rajasthan Vs. Jay Ram and others. These awards were taken on record by allowing the application under Order 41 Rule 27 vide order dated 3.8.2006. The relevant extract of the said order dated 3.8.2006 passed by this Court is reproduced hereunder:- “Heard learned counsel for the parties on two applications filed under O.41 R.27 CPC by the appellant. The present land acquisition proceedings were initiated by issuing notification under Section 4 of the Land Acquisition Act on 2.3.1982. The award was passed on 31st December, 1982. The land owners submitted application under Sec.18 of the Act upon which the Learned Collector referred the matter to the civil Court. The civil Court passed the impugned order on 3.1.1987. The Land 1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 4/8 Acquisition Officer awarded compensation to the land holders @ 2500 per bigha which has been enhanced by civil Court to Rs.6,000/- per bigha against which the land owners have referred appeals. The respondent Rajasthan State Electricity Board also preferred appeals against the enhancement of the award by the civil Court. The appellant land owner submitted two applications under O.41 R.27 CPC on 30th July, 1996 and 6.2.2003. In the application submitted on 30.1.1996, the appellants submitted that in another land acquisition proceedings for another land which is identically situated land like the applicant's land, the Land Acquisition Officer passed the award on 28.12.1988 and determined the compensation for the land in that case at the rate of Rs.14000/- per bigha. It is submitted that copy of the said award may be taken on record because of the reason that in the award dated 28.2.1988, the notification under Sec.4(1) was issued even prior to the notification issued in present land acquisition proceedings and the land in both the matters are situated near about and not much far away. Not only this, two surroundings of the two lands are similar, therefore, the compensation given in the land acquisition case in which award was passed on 18th June, 1988 is relevant for the purpose of determination of the land value of the present land in favour of the appellant. 1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 5/8 By another application under O.41 R.27 CPC, the appellants sought permission to place on record copy of the judgment of this court delivered in SB Civil Misc. Appeal No.217/94 State of Rajasthan Vs. Jai Ram & Ors., decided on 16.1.2002. By that judgment, the States' 8 appeals were decided by this High Court along with one appeal preferred by the land owner. In that land acquisition proceedings, the notification under Sec.4 of the Land Acquisition Ac t was issued on 28.3.1981 and award was passed by the Land Acquisition Officer on 17.3.1984. The land situation in that land acquisition proceedings is identical to the land location of present land. By judgment dated 16.1.2002 of this Court in the case of State of Rajasthan Vs. Jai Ram & Ors. And connected appeals, the land compensation has been awarded to the land owner at the rate of 11,000/- per bigha. It appears that this Court vide order dated 6.1.2003 permitted both the parties to have the inspection of the sites of the land in regard to above two lands as well as for land in dispute in this appeals. The report about the lands were submitted by DK Gehlot, Civil Engineer. He also placed on record the copy of relevant part of matter plan wherein the land acquired in different acquisition proceedings have been shown. Since there are facts mentioned in the two awards, copy of which has been placed by the appellants shows that there is some similarities in 1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 6/8 those two lands with the land which is involved in the present land acquisition proceedings, therefore, these two awards are taken on record. So far as genuineness of the documents sought to be produced by the appellant is concerned, it is not in dispute, therefore, also, it would be in the interest of the parties to allow them to produce these documents in evidence at appellate stage. However, the respondents are permitted to produce any evidence in rebuttal which they think proper. In view of the above, the application filed by the appellant dated 30th July, 1996 and 2.2.2003 under O.41 R.27 are allowed. Copies of award dated 28.12.88 passed by the Sub Divisional Officer, UDH , Rajasthan Housing Board, Jaipur and judgment of this Court delivered in SB Civil Misc. Appeal No.217/94 (State of Raj. Vs. Jai Singh) decided on 16.12.2002 are taken on record. The appellant may admit evidence in rebuttal within a period of four weeks. Put up after four weeks. Sd/ (Prakash Tatia), J.” 4. After the said order, the aforesaid finding, after recording the evidence of both sides, returned by the learned ADJ by the aforesaid order dated 23.3.2007 wherein it has been found by the land 1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 7/8 referred to in the aforesaid award giving compensation at the rate of Rs.11,000/- per bigha and Rs.14,000/- per bigha were situated nearby to the land in question whereas the land referred to in the registered sale deed produced by the respondent R.S.E.B. was farther and, therefore, the rate referred to therein which was only Rs.1030/- per bigha as per the registered sale deed dated 3.8.1983 could not be adopted. 5. Having heard learned counsel counsels and upon perusal of the record including the findings of courts below returned vide order dated 23rd March, 2007, this Court is of the opinion that it would just and proper to enhance the compensation for the land in question from Rs.6000/- per bigha as awarded by the reference Court to Rs.11,000/- per bigha as on the date of the notification under Section 4 of the Act i.e. dated 2.3.1982. The difference of compensation would be payable to the land holders along with the interest in accordance with the provisions of the Act. The same may be paid to the land owners within a period of 6 months from today. 6. In view of these directions, this Court finds no force in these appeals filed by the respondent R.S.E.B. and the same are accordingly dismissed. The appeals of the land owners are accordingly allowed with no costs. 1. CMANO.56/87 - Tulsi Ram & Ors. Vs. State & Ors. 2. CFA NO.36/87 - R.S.E.B. Jaipur & Ors. Vs. Narain, 3. CFA NO.37/87 - R.S.E.B. & Ors. Vs. Tulsi Ram & Ors., 4. CFA NO.38/87- R.S.E.B. & Ors. Vs. Mangi Lal & Ors., 5. CMA.54/87- Mst. Narayani Vs. State of Rajasthan., 6. CMA.55/87-Mangi Lal & Anr. Vs. State of Raj. & Ors. Judgment dt.28.4.2009 8/8 [ DR. VINEET KOTHARI ], J. itemNo.1 to 6 babulal