IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA R.F.A. No. 99 of 2005. Judgment reserved on : 2. 7. 2009 Date of decision : 22.7. 2009. State of Himachal Pradesh & Anr. …Appellants. Versus Smt. Satya Devi & Others. ....Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Appellants : Mr. A.K.Bansal, Additional Advocate General with Mr. R.P.Singh, Asstt. Advocate General. For the Respondent : Mr. Ramesh Sharma, Advocate. Kuldip Singh , Judge This appeal has been directed against the award dated 30.9.2002 passed by Additional District Judge, Shimla in land reference case No.10-S/4 of 1999. 2. The facts in brief, are that land comprised in khasra No. 55/1, measuring 01 biswa, khasra No. 82/1 measuring 04 biswas, total measuring 0-5 biswas situate at Village Dadhol, Tehsil and District Shimla was acquired for the construction of Hira Nagar – Dhamoon road vide notification under Section 4 of the Land 1 Whether reporters of Local Papers may be allowed to see the Judgment ?.Yes 2 Acquisition Act, 1894 (for short ‘Act’) which was published in the gazette on 25.11.1995. The Collector, vide award No. 6/97 dated 7.8.1997 assessed the market rate of the acquired land as per classification to the following effect:- (i) Bangar Aval. Rs.36,666.70 per Bigha (ii) Bangar Doem. Rs.33,333.30 - do - (iii) Bangar Soem Rs.16,666.60 - do - (iv) Banjar Kadim Rs. 8,000.00 - do – (v) Ghasni. Rs. 2,000.00 - do 3. The respondents were aggrieved by the rate given by the Collector for the acquired land , therefore, they filed petition under Section 18 of the Act for determination of market value of the acquired land and the compensation. The Additional District Judge has determined the market value of the acquired land as per classification to the following effect:- (i) Banjar Kadeem Rs.40,000/- Per bigha (ii) Bangar Soem Rs.1,00,000/- Per bigha (iii) Bangar Doem Rs.2,50,000/- Per bigha. (iv) Ghasni Rs. 13,250/- Per bigha (v) Bangar Awal Rs. 36,000/- Per bigha The Additional District Judge in the award dated 30.9.2002 has further allowed interest at the rate of 12% per annum from the date of taking of possession of the acquired land till the date of publication of the Notification under Section 4 of the Act, 30% solatium on the enhanced amount of compensation, 9% interest per annum from the date of taking of possession of the acquired land for one year and thereafter, at the rate of 15% per annum till the enhanced amount is paid. 3 4. The respondents had filed application being CMP No. 14-S/ 6 of 2003/2002 dated 31.10.2002 under Section 152 C.P.C. for making corrections in the award dated 30.9.2002. The Additional District Judge vide order dated 7.12.2002 in CMP No. 14-S/6 of 2003/2002 has ordered that respondents are held entitled to compensation in respect of Bangar Awal at the rate of Rs.3,60,000/- per bigha and not Rs.36,000/- per bigha as mentioned in para 24 of the award. Accordingly, in para 24 of the award in place of Rs.36,000/-, Rs.3,60,000/- as value of Bangar Aval was ordered to be substituted. In para 25 of the award, the words “ amount calculated at the rate of 12 percent per annum on such market value for the period commencing from the date of publication of the notification under Section 4 of the Act to the date of the award of the Collector”, were ordered to be substituted for the words “ interest at the rate of 12 per cent per annum enhanced amount of compensation from the date of taking the possession of the acquired land till the date of publication of notification under Section 4 of the Land Acquisition Act”. 5. Heard and perused the record. It has been submitted on behalf of the appellants that the Additional District Judge has not assessed the market value of the acquired land as per law. The enhancement of amount over and above the award of Land Acquisition Collector is wrong. The learned counsel for the respondent has supported the impugned award. 6. Ex.PW-2/A is the certificate that in mauza Dadhol pargna Kaljoon , Tehsil Shimla no sale took place from 1.1.1994 to 31.12.1994, Ex.PW-2/B is the certificate that in mauza Panewla, pargna Kaljoon, no sale took place from 1.1.1994 to 31.12.1996, Ex.PW-2/C pertains to average sale price from 16.6.1994 to 15.6.1995 of mauza Rehal Baichiri, Tehsil and District Shimla showing the rate of Bangar Awal Rs.32,625/-, Bangar Doem Rs. 23,250/-, Bangar Soem Rs. 9,375/- and Ghasni 4 Rs. 1125/- per bigha. Ex.PW-4/A is the copy of sale deed dated 22.7.1995 vide which land measuring 4 biswas in mauza Rehal Baichiri was sold by Mohan Singh through General Power of Attorney Chander Parkash Mehta to Jagdish Kumar Verma for Rs.50,000/-. 7. Ex.RW-1/A is the average sale price of land from 16.10.1994 to 17.10.1995 of mauza Rehal Baichiri showing the average sale price of Bangar Awal Rs. 6,52,500/-, Bangar Doem Rs. 4,65,000/-, Bangar Soem Rs.1,87,500/-, Banjar Kadeem Rs.67,500/- and Ghasni Rs.22,500/- per bigha. Ex.RW-1/B is the average sale price of mauza Dadhol from 16.10.1994 to 17.10.1995 showing average sale price of Bangar Awal Rs.73,333.40, Bangar Doem Rs. 66,666.60, Bangar Soem Rs. 33,333.20 ,Banjar Kadeem Rs. 16,000/- and Ghasni Rs. 4000/- per bigha. Ex.RW-1/C is a copy of letter dated 12.12.1996 of Collector Shimla to Land Acquisition Collector, HPPWD, Winter Field, Shimla approving the rates of land in villages Rehal Baichiri and Dadhol to be acquired for construction of Hiranagar – Dhamoon road to the following effect:- (A) Mauja : Rehal – Baichiri : (i) Bangar Awal Rs. 6,52,500.00 per bigha (ii) Bangar Doem Rs. 4,65,000.00 per bigha (iii) Bangar Soem Rs. 1,87,500.00 per bigha (iv) Banjar Kadeem Rs. 67,500.00 per bigha (v) Ghasni Rs. 22,500.00 per bigha (B) Mauja : Dadhol: (i) Bangar Awal Rs. 73,333.40 per bigha (ii) Bangar Doem Rs. 66,666.60 per bigha (iii) Bangar Soem Rs. 33,333.20 per bigha (iv) Banjar Kadeem Rs. 16,000.00 per bigha (v) Ghasni Rs. 4,000.00 per bigha 5 8. PW-1 Smt. Satya Devi has stated that her land was acquired by the Government in December 1983 for the construction of road in village Dadhol. She has been paid very less compensation. This land is near to Baichiri and she is entitled to compensation of land at the rate prevalent in Baichiri. The acquired land is situated at a distance of 15 - 20 minutes walk from Shimla – Manali National Highway. PW-2 Ram Lal has stated that the acquired land is adjacent to Baichiri. He has proved Ex.PW-2/A, Ex.PW-2/B and Ex.PW-2/C. The acquired land is in between Ganahati and Jubbarhatti air port. The market value of the acquired land is very high due to market and industry in Ganahati. PW-3 Nek Ram has stated that the acquired land is adjacent to Rehal Baichiri and falls in Baichiri Panchayat. The acquired land is in between Ganahati and Jubbarhatti airport having very high market value. PW-4 Chander Parkash has stated that he is General Power of Attorney holder of his cousin Mohan Singh. He had sold 4 biswas land of Mohan Singh to Jagdish Kumar on 1.6.1995 for Rs.50,000/-. Ex.PW-4/A is the copy of sale deed. PW-5 Chaman Gupta has stated that he had purchased 4 biswas land at Rehal Baichiri from Ramesh Sharma on 6.1.1996 for Rs.25,000/-. This land is near to the land of the respondent. The statement of Jagdish Kumar was recorded on Commission and he is the vendee of sale deed Ex.PW-4/A. He has stated that the land purchased by him is adjacent to acquired land. 9. RW-1 Roshan Lal is Patwari in Land Acquisition Office, Winter Field, Shimla and he has placed on record average sale price of one year of mauza Baichiri Ex.RW-1/A, mauza Dadhol Ex.RW-1/B and rates approved by Collector Ex.RW-1/C. It has come in the statement of PW-2 Ram Lal that acquired land is adjacent to Baichiri. 6 10. In view of ONGC Ltd. Vs. Sendhabhai Vastram Patel and others (2005) 6 SCC 454 exemplars of mouza Rehal Bichiri which is adjacent to mauza Dadhol are relevant for determining the market value of the acquired land situated in Village Dadhol. The notification under Section 4 of the Act was published in the gazette on 25.11.1995, hence sale transactions of the period around 25.11.1995 are relevant. The appellants have placed on record average sale price of mauza Rehal Baichiri Ex.RW-1/A and that of mauza Dadhol Ex.RW-1/B for the period 16.10.1994 to 17.10.1995. The Collector vide Ex.RW-1/C has also approved the rates for acquisition of land for construction of Hiranagar – Dhamoon road in villages Rehal Baichiri and Dadhol as noticed above. It is not the case of the appellants that after taking into consideration, the transactions of mouza Rehal Bichiri and Mouza Dadhol, the Addl. District Judge has wrongly calculated the average market value of Bangar Awal, Bangar Doem, Bangar Soem, Banjar Kadeem and Ghasni lands. In the award dated 30.9.2002 the Addl. District Judge has wrongly mentioned Rs.36000/- per bigha rate for Bangar Awal but this error has been rectified by the Additional District Judge by order dated 7.12.2002 passed in CMA No. 14-S/6 of 2003/2002 whereby an amount of Rs. 3,60,000/- was substituted for Rs.36,000/-. Therefore, no fault can be found with the market value of the land determined by the Additional District Judge on the basis of average sale price of land in villages Rehal Baichiri and Dadhol. 11. The Collector in the award dated 7.8.1997 has observed that the possession of the acquired land is partly with the Public Works Department and Field Kanungo shall hand over possession of the remaining land to the Acquiring Department. It is now settled proposition of law that interest at the rate of 9% per annum for one year and thereafter at the rate of 15% per annum is payable from the date of publication of 7 notification under Section 4 of the Act. In the present case, such notification was published on 25.11.1995. Therefore, interest at the rate of 9% per annum for one year from the date of publication of notification under Section 4 of the Act i.e. 25.11.1995 and thereafter at the rate of 15% per annum shall be payable. The appellants have failed to make out any case for interference except to the extent that interest at the rate of 9% per annum and 15% per annum shall be payable, as noticed above. The result of the above discussion, the appeal fails and is accordingly dismissed subject to modification of payment of interest at the rate of 9% per annum and 15% per annum, as indicated above. No costs. ( Kuldip Singh ), Judge. July 22, 2009. (GR)