IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RFA No. 134 of 2007 Date of decision: 17.03.2010 _________________________________________________________________ Swarna Devi and others. .....Appellants. Versus The State of H.P. & another. .....Respondents. ________________________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, J. Whether approved for reporting?1 Yes. _________________________________________________________________ For the appellants: Ms. Bhawna Dutta, Advocate. For the respondents: Shri Anil Jaswal, Deputy Advocate General with Mr. R.P. Singh Assistant Advocate General. _________________________________________________________________ V.K. Sharma, J (Oral). Land measuring 0-02-10 hectares or say 5½ biswa situate in village Bathuwa, Tehsil Chirgaon, District Shimla belonging to the appellants was acquired for a public purpose, namely construction of a road, known as Badhiara-Kaloti-Dunadhar road. The requisite Notification under Section 4 of the Land Acquisition Act, 1894 (in short the Act) was issued on 22.01.1996. Since no sale transaction took place in chak Bathuwa, the market value of the acquired land could not be ascertained on the basis of such market value. It being so, the market value prevalent in the adjoining chaks Kaloti and Jhatwari was taken into consideration. It is to the following effect: 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. :-2-: Classification of land. Rates of land per bigha. 1. Kiar Awal. 3,268.60 2. Bakhal. 1,307.40 3. Krali awal. 523.60 4. Krali deom. 261.40 It was on the basis of the above rates that compensation for the acquired land was paid. However, there is no supporting evidence on record in respect of the aforesaid rates. Be it as it is, the petitioner was paid compensation for the entire acquired land, measuring 5½ biswa at the rate of Rs. 100.67 per bigha. It is in the evidence of RW-1, Shri Yash Pal, Patwari, that village Kaloti where the acquired land is situate is abutted by chaks Jhatwari and Bathuwa. Sale transaction Ex. PA is in respect of chak Kaloti, though relating to a period of about one and half years after the issuance of the aforesaid Notification dated 22nd January, 1996. As per this document, land measuring 0-03-36 hectares or say approximately 8 biswa was sold for a sum of Rs. 30,000/-. On its basis market value of one biswa comes to Rs. 3,750/-. It is by now settled that when land is acquired for a particular purpose, its very nature looses significance and the persons interested are required to be paid compensation on an uniform basis without taking into consideration the kind or description of the land. In the present case, it is apparent from the above table that the best quality of land denoted as 'Kiar Awal' is of the value of Rs. 3268.60 per bigha and the rate per biswa comes to Rs. 163.43. In view of above, if the rates of two adjoining chaks, that is, Jhatwari and Kaloti are taken together, the average rate per biswa comes to Rs. 1,956.71 (Rs. 3750+Rs. 163.43/2= Rs. 1956.71). :-3-: Though while taking into consideration market value of small extents of land and applying the same for large extents of acquired land, normally the market value of the small plot is discounted by a certain percentage which may go upto 30% or even more. However, in the present case in the sale transaction denoted by sale deed Ex. PA, the land involved is to the extent of 5½ biswa. Similarly, the land belonging to the petitioner which has been acquired is also only 6 biswa and thus a small extent. It being so, to my kind there is no need to resort to any discount in the aforesaid average price of land of chaks Bathuwa and Kaloti, that is Rs. 1956.71. The above discussion brings me to hold that the petitioner is entitled for compensation of his acquired land measuring 0-02-10 hectares or say 5½ biswa situate in village Bathuwa, Tehsil Chirgaon, District Shimla at the rate of Rs. 1956.71 per biswa alongwith other benefits under the Act, such as, additional acquisition charges under Section 23(1-A), compulsory acquisition charges (solatium) under Section 23(2) and interest etc. in accordance with law. Ordered accordingly. The appeal stands disposed of in the above terms. The trial court record be sent back. (V.K. Sharma) Judge 17th March, 2010 (virender)