IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 116/2004 with Cross Objection No. 229/2005 alongwith RFA No. 349/2003, RFA No. 350/2003, RFA No. 351/2003, RFA No. 117/2004, RFA No. 118/2004 with Cross Objection No. 230/2005, RFA No. 120/2004 with Cross Objection No. 231/2005, RFA No. 121/2004 with Cross Objection No. 232/2005, RFA No. 122/2004 with Cross Objection No. 233/2005, RFA No. 123/2004 with Cross Objection No. 234/2005, RFA No. 161 of 2004 and RFA No. 255/2004 Date of Decision : June 18, 2009 RFA No. 116/2004 with Cross Objection No. 229/2005 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Thakur Chand and others. Respondents RFA No. 349 of 2003 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Karnail Singh and others. Respondents RFA No. 350 of 2003 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Amro Devi and others. Respondents RFA No. 351 of 2003 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Hari Singh and others. Respondents 2 RFA No. 117 of 2004 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Mehso Ram and others. Respondents RFA No. 118/2004 with Cross Objection No. 230/2005 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Muni and others. Respondents RFA No. 120/2004 with Cross Objection No. 231/2005 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Rattno and others. Respondents RFA No. 121/2004 with Cross Objection No. 232/2005 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Onkar and others. Respondents RFA No. 122/2004 with Cross Objection No. 233/2005 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Saran Dass and others. Respondents RFA No. 123/2004 with Cross Objection No. 234/2005 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Kasam Deen and others. Respondents RFA No. 161 of 2004 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Kalo Devi and others. Respondents 3 RFA No. 255 of 2004 The General Manager, Ranjit Sagar (Thein Dam) Project. Appellant Versus Makhan Deen and others. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. RFA No. 116/2004, RFA No. 349/2003, RFA No. 350/2003, RFA No. 351/2003, RFA No. 117/2004, RFA No. 118/2004,RFA No. 120/2004, RFA No. 121/2004, RFA No. 122/2004: For the appellants : Mr. Aman Sood, Advocate, for the appellants. For the respondents : Mr. Ashok Sharma, Advocate, for respondent No. 1. Mr. Vivek Thakur, Addl. A.G. with Mr. J.S. Rana, Astt. A.G. for respondents No. 2 and 3. RFA No. 123/2004, RFA No. 161 of 2004 and RFA No. 255/2004 For the appellants : Mr. Aman Sood, Advocate, for the appellants. For the respondents : Mr. Ashok Sharma, Advocate, for respondent No. 1 to 3. Mr. Vivek Thakur, Addl. A.G. with Mr. J.S. Rana, Astt. A.G. for respondents No. 4 and 5. Sanjay Karol, J. (Oral) For the public purpose, namely construction of reservoir of Ranjit Sagar (Thein Dam) Project, land belonging to the claimants situated in Mohal Bhotan, Tehsil Dalhousie, District Chamba, H.P. was acquired. The notification intending to acquire the land under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to 1 Whether reports of Local Papers may be allowed to see the judgment? 4 as the Act) was published on 7.4.1997. The Collector passed the Award under Section 11 of the Act on 27.1.1999. The various land owners including the claimants herein filed land reference petitions under Section 18 of the Act, which stood decided in terms of the common impugned awards. During the course of the hearing it was brought to my notice that while determining the market value of the land situated in Mohal Bhotan, the land covered by the instant land acquisition proceedings, the Collector relied upon the market value of the land situated in Mohal Lahari and after taking into account the negative factors, being the dissimilarity in the use and potential of the land situated in Mohal Bhotan as compared to with the land situated in Mohal Lahari, made necessary deductions to the extent of 20% on the market value of the land situated in Mohal Lahari. This is evident from the award pertaining to village Bhotan being No. LAO (RSD)-III(55)/98 dated 27.1.1999 (Ext.PW5/A) (Page 157 of the record). This is the award passed by the Collector in the instant acquisition proceedings. In terms of the said award, the Collector took the market value of the land situated in Mohal Lahari as under: “1. Dhani Doiam Rs. 2,43,158/- Per Bigha 2. Barani Doiam Rs. 1,62,105/- -do- 3. Bagicha Barani Faldar Rs. 2,89,474/- -do- 4. Banjar Jadeed Rs. 49,210/- -do- 5. Banjar Kadeem Rs. 46,316/- -do- 6. Ghalla Rs. 17,369/- -do- 7. Bun Sarkar Rs. 26,053/- -do-” 5 Against the said award, the land owners filed land reference petition No. 17/2000, titled as Thakur Chand versus The General Manager, Ranjit Sagar Dam and others, and against the award passed in the same, the present appeal being RFA No. 116 of 2004, titled as The General Manager, Ranjit Sagar (Thein Dam) Project versus Thakur Chand has been filed. However, the very same Collector while passing award with respect to land situated in Mohal Lahari determined different market value. This is evident from Award No. LAO(RSD)-III(69)/98, dated 27.3.1999 (Ext. P5/B)(page 173 of the record) wherein the market value has been determined as under: “Classification Area Rate fixed Amount of the land for Lahri/Bigha 1. Bagicha Barani Faldar 10-0-0 5,00,000-00 50,00,000-00 2. –do- 0-3-0 -do- 75,000-00 3. Gar Mumkin Khad 2-0-0 30,000-00 60,000-00 Total Rs. 51,35,000-00 ” Further in terms of Collector’s award No. LAO (RSD)- III(69)/98 dated 27.3.1999 (Ext. PD) (page 131 of the record) the market value of the land situated in Mohal Lahari was determined as under: “1. Barani Able Rs. 3,85,000-00 per bigha 2. Babicha Barani Fuldar Rs. 5,00,000-00 -do- 3. Ger Mumkin Khad Rs. 30,000-00 -do-” 6 The market value in the aforesaid two awards was assessed on the basis of the sale transaction dated 24.4.1997 whereby 0.1.5 biswa of land situate in Mohal Lahari, was sold for a sum of Rs. 25,000/-. Importantly in the instant acquisition proceedings, the Collector has taken into account the market value of the land situate in Mohal Lahari as determined prior to 27.3.1999. Admittedly the aforesaid sale transaction is prior to the issuance of the awards passed by the Collector in the instant acquisition proceedings. The Collector could not have ignored the said sale transaction while determining the award with respect to the instant acquisition proceedings which pertain to Mohal Bhotan. The time gap between the awards mentioned herein above is just two months. Obviously there is an error in the same. The instant appeals have been filed by the General Manager, Ranjit Sagar Dam Project. The claimants have also filed Cross Objections seeking further enhancement, by making the aforesaid awards passed by the Collector as basis for the same, in addition to the sale transaction dated 24.4.1997. The Courts have also ignored the same. After the matter was heard for some time the learned counsel for the parties agreed, that instead of this Court going into the merits of the matter and determining the market value for different categories of land in each case, the impugned awards be set aside 7 and the matter remanded back to the Court below for consideration afresh based on the material already produced by the parties on record. As such the impugned awards are set aside. The matter is remanded back to the Court below for consideration afresh based on the material already on record. The Court below, shall afford due opportunity of hearing to the parties and decide the land reference petitions in accordance with law. Keeping in view that the acquisition proceedings pertains to the year 1999 and that the claimants have been deprived of their rightful compensation as their rights have not been decided till date, the Court below is directed to decide the matter as expeditiously as possible and preferably on or before 31st October, 2009. Learned counsel for the parties agree that they shall cause appearance before the Court below on 20th July, 2009. The Registry is directed to immediately send the complete record along with a copy of this order. With the aforesaid order the present appeals as also the cross objections are disposed of. (Sanjay Karol), Judge. June 18, 2009 (PK)