…1… IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No._216 of 1997 with RFA No.196 of 1997 Judgment reserved on: 2.7.2009 Date of decision: 21.7.2009. 1.RFA No.216 of 1997 LAC and another …….Appellants Vs. Kumari Sangita and another …. Respondents. 2. RFA No.196 of 1997 LAC …. Appellant Vs. Khem Raj and Ors …..Respondents Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Appellant(s) : Mr. Anshul Bansal, Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General. (in both appeals) For the Respondents : Mr. I.N. Mehta, Advocate ( in RFA No.216 of 1997) None for respondents No.1(a) to (e) in RFA No.196 of 1997 Kuldip Singh, Judge. This judgment shall dispose of RFA Nos.216 of 1997 and RFA No.196 of 1997 arising out of common award dated 21.8.1996 passed by Addl. District Judge, Mandi in Land Reference Petition No.85/93 and Reference Case No.86/93 respectively. Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… 2. The facts in brief are that a notification under section 4 of the Land Acquisition Act, 1894 ( for short ‘Act’) for acquiring land for public purpose for construction of Churag-Chamanpur road was issued and published in the Gazette on 25.7.1992, ultimately land measuring 3-6-8 bighas was acquired. The Collector announced the award on 29.12.1992 and awarded a sum of Rs.1,43,581/- compensation. The respondents were not satisfied with the award, they filed reference petitions under Section 18 of the Act. The respondents claimed compensation at the rate of Rs.2,00,000/- per bigha. In reference petition No.85/93, Rs.3,00,000/- compensation was claimed on account of market price of the trees and Rs.3,00,000 for loss of earning from the income of the fruit trees, Rs.2,00,000/- were also claimed for severance of the property due to acquisition. In reference case No.86/93 compensation for 35 apple trees, 4 kail trees and 6 chill trees was also claimed. 3. The appellants contested the petitions and had submitted that the Collector has awarded just compensation and respondents are not entitled to any enhancement of compensation. The reference petitions were consolidated vide order dated 15.9.1995 with Ref Petition No.85/93. 4. On the pleadings of the parties, the following issues were framed:- 1. Whether the compensation awarded by the LAC is low and inadequate? If so, what was the market value of the acquired land at the time of its acquisition? OPP 2. Whether there were fruit bearing trees on the acquired land and no compensation was awarded for the same? If so, to what amount of compensation the petitioner is entitled? …3… 3. Whether the petition is bad for non-joinder of necessary parties? OPR 4. Relief. 5. The Addl. District Judge has awarded Rs.50,000/- per bigha for Bagicha Barani Faldar, Rs.40,000/- per bigha for Barani Awal, Rs.20,000/- per bigha for Banjar Kable Kast and Gairmumkin. The benefits under Section 23 of the Act were also allowed on enhanced compensation, interest at the rate of 9% per annum from the date of possession for one year and thereafter at the rate of 15% per annum till the enhanced amount of compensation is paid was also allowed, hence two appeals aginst impugned award. 6. Heard and perused the record. Mr.Anshul Bansal, learned Addl. Advocate General has submitted that the Addl. District Judge has erred in enhancing the compensation. The Collector has awarded just and equitable compensation. The material on record has been misinterpreted. Mr. I.N. Mehta, learned counsel appearing for the respondents in RFA No.216 of 1997 has submitted that Addl. District Judge after proper appreciation of the evidence on record has awarded just compensation. He has supported the impugned award. The Collector has assessed the market value as follows:- Sr. Kind of land Area Rate Market value assessed No. by the Collector 1. Bagicha Barani Faldar 1-10-16 Rs.14710/- Rs.22653-40 bigha 2. Barani Awal 0-6-1 Rs.5620/- Rs 1700-05. bigha 3. Banjar Kable Kast 1-9-11 Rs.1210/- Rs. 1787-77 & Gair mumkin bigha Total 3-6-8 Rs.26,141-22 …4… 7. PW-1 Suresh Sharma vendee of sale deed Ex.PA has stated that he has purchased one biswa 4 biswansi land from Narsingh Dass in mohal Churag in 1986, for a consideration of Rs.60,000/-. The land of Jaiwanti alias Jai Sharma is about half kilometer from that land. In cross-examination he has stated that he had purchased the land for construction of shop. PW-2 Smt. Jaiwanti alias Jai sharma has stated that price of land in mohal Churag is about Rs.2,50,000/- to Rs.3,00,000/- per bigha. She has produced copy of sale deed Ex.PB. PW-3 Brij Lal Verma, Manager State Cop-operative Bank, Churag has stated that the Bank had purchased land from Kuldip Singh etc. on the market rate. The land which was purchased was measuring 0-7-2 bigha for a consideration of Rs.88,750/- on 17.12.1991 vide sale deed Ex.PB. On behalf of the appellants sale deed dated 11.10.1991 Ex.DA and sale deed dated 4.5.1991 Ex.DB were tendered in evidence. 8. The land measuring 1-14-10 bighas was sold in mohal Churag for Rs.3,50,000/- vide sale deed Ex.DA, land measuring 1-11-19 bigha was soled in mohal Churag for Rs.6,000/- vide sale deed Ex.DB. The vendors and vendees of the sale deeds Ex.DA and Ex.DB have not been examined. No evidence has been led by the appellants to show that the lands covered by sale deeds Ex.DA and Ex.DB were similar to the acquired land. 9. PW-1 Suresh Sharma is the vendee of sale deed Ex.PA and he has stated that he had purchased land measuring 1 biswa and 4 biswansi from Narsingh Dass for a consideration of …5… Rs.60,000/-. He has stated that the land purchased by him is at a distance of half kilometer from the land of Jaiwanti but mohal is same and the lands are similar. The market value of land in mohal Churag in sale deed Ex.PA comes to Rs.10,00,000/- per bigha or Rs.50,000/- per biswa. The sale deed Ex.PA cannot be relied in order to determine the market value of the acquired land in as much as PW-1 Suresh Sharma has stated that he had purchased the land vide sale deed Ex.PA for construction of shop. As per sale deed Ex.PB land measuring 0-7-2 bigha was sold for Rs.88,750/- and therefore, market value of the land at Churag on the basis of sale deed Ex.PB comes to Rs.2,50,000/- per bigha. 10. The Addl. District Judge has determined the market value in Churag Bazar at Rs.1,50,000/- per bigha on the basis of sale deeds Ex.PA and Ex.PB. On the basis of Ex.PA the market value at Churag Bazar comes to Rs.10,00,000/- per bigha and not Rs.1,50,000/- per bigha. Similarly, on the basis of sale deed Ex.PB market value at Churag Bazar comes to Rs.2,50,000/- per bigha and not Rs.1,50,000/- per bigha as determined by Addl. District Judge. It appears the Addl. District Judge has determined the market value at Rs.1,50,000/- per bigha on the basis of sale deed Ex.PB by taking the sale consideration of sale deed Ex.PB Rs.68,750/- mentioned at page -6 of the impugned award instead of Rs.88,750/- recorded in sale deed Ex.PB. This has caused no prejudiced to the appellant, the prejudiced, if any has been caused to respondents who have not challenged the impugned award nor filed any cross-objections. The fact remains on the basis of sale …6… deed Ex.PB, the Addl. District Judge has determined the market value of land in Churag Bazar at Rs.1,50,000/-. 11. In view of the fact that the acquired land is at a distance of half kilometer from Bazar, the Addl. District Judge has assessed the market value of the land after deducting 1/3rd from Rs.1,50,000/- and concluded that the market value of Bagicha Barani Faldar is Rs.50,000/- per bigha. Once he has assessed the market value of Bagicha Barani Faldar then he has assessed the market value of Barani Awal by giving 20% deduction on the market value of Bagicha Barani Faldar. He has thus assessed the market value of Barani Awal at Rs.40,000/- per bigha after having determined the market value of Barani Awal. He gave further deduction of 50% for determining the market value of Banjar Kable Kast and Gairmumkin and assessed the market value of that land at Rs,20,000/- per bigha. The method adopted by Addl. District Judge in assessing the market value of Bagicha Barani Faldar, Barani Awal and Banjar Kable Kast and Gairmumkin is reasonable and no fault can be found with the assessment so made. 12. The Addl. District Judge has awarded 9% per annum and 15% per annum interest from the date of possession but now it is settled law that 9% per annum and 15% per annum interest is payable from the date of publication of notification under Section 4 of the Act which in the present case was published on 25.7.1992, therefore, 9% per annum and 15% per annum interest as the case may be will start from 25.7.1992 and not from the date of possession of the acquired land. …7… 13. No other point was urged. 14. The result of above discussion, the appeals being RFA No.216 of 1997 and RFA No.196 of 1997 are dismissed, however the interest at the rate of 9% per annum and 15% per annum as the case may be shall be payable to the respondents w.e.f. 25.7.1992 and not from the date of possession as indicated above. No costs. ( Kuldip Singh) Judge July 21, 2009 (sks) …8… IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RFA No. 196 of 1997. Judgment reserved on :2.7.2009 Date of decision: 21.7.2009 RFA No.196 of 1997 LAC …. Appellant Vs. Khem Raj and Ors …..Respondents ----------------------------------------------------------------------------------------- Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? For the appellant : Mr. Anshul Bansal, Addl. Advocate General with Mr. R.P. Singh, Assistant Advocate General. For the respondents : None. Kuldip Singh, Judge For judgment see judgment of today rendered in RFA No.216 of 1997 titled LAC and another vs. Kumari Sangita and another. ( Kuldip Singh) Judge July 21, 2009 (sks) …9…