IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RFA No. 278 of 2005 Date of Decision : June 22, 2009 Smt. Krishani Devi Appellant Versus The Land Acquisition Collector, H.P.P.W.D., Shimla. Respondent Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the appellant : Mr. Rajiv Jiwan, Advocate, for the appellant. For the respondent : Mr. R. K. Bawa, Advocate General with Mr. Vivek Thakur, Addl. Advocate General and Mr. J. S. Rana, Astt. Advocate General for the respondent. Sanjay Karol, J. (Oral) The appellant-claimant’s land situate in village Bhater, Tehsil Ghumarwin, District Bilaspur, H.P. was acquired by the State for the public purpose namely “Auhar-Kohina Road”. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) dated 26.4.1989 was published in the H.P. Rajpatra on 10.6.1989. The Collector Land Acquisition, under Section 11 of the Act passed his award dated 26.9.1992. The claimant filed land 1 Whether reports of Local Papers may be allowed to see the judgment? 2 reference petition under Section 18 of the Act wherein following issues were framed by the Court below: “1. Whether Collector, Land Acquisition had inadequately assessed the market value of the land under acquisition? 2. Relief?” In her evidence the claimant tendered the following documents: “1. Ext. PA copy of award dated 22.8.2000 of Ld. District Judge Bilaspur wherein the Ld. District Judge has assessed the market value of the acquired land in village Ghial at the rupees 6,000/- per Biswa. 2. Ext. PB is copy of memo of cost of Ext.PA award of the ld. District Judge. 3. Ext. PC is copy of award passed by the Land Acquisition Collector dated 26.9.1992. 4. Ext. P1 is copy of award of Ld. District Judge Bilaspur dated 20.12.2002 in land reference No. 27 of 2000. As per this award, the land situated in the revenue estate chhat was acquired for the construction of Auhar-Kohina road and he has assessed the market value of the acquired land @ Rs. 70,000/- per bigha. 5. Ext.P-2 is certificate issued by the Patwari. 6. Ext.P-3 is Akash Shajra. 7. Ext.P-4 is copy of jamabandi for the year 2001-02 wherein Smt. Krishni Devi, petitioner has been recorded owner in possession of the land detailed in the jamabandi.” 3 Based on the material on record, the Court below dismissed the land reference petition on the ground that the claimant could not prove that the market value of the acquired land was infact, higher than the market value determined by the Collector on the basis of which the compensation was awarded to the claimant in terms of the award. The claimant has assailed the said impugned award dated 22.6.2005 passed by District Judge, Bilaspur, in Land Reference Petition No. 52 of 2001, titled as Krishani Devi versus the Land Acquisition Collector, HPPWD, Shimla. The claimant has also moved an application, seeking to examine the Halka Patwari for proving Ext.P-2 in terms of which even according to the State record, the market value would be much higher than determined by the Collector. The claimant has placed on record certified copy of the award passed in land reference petition (Ext. PA), decided by the District Judge Bilaspur, H.P. from which it is evident that the compensation originally awarded by the Collector with respect to the acquisition proceedings pertaining to land situated in village Ghial and village Chhat was also enhanced. Unfortunately the claimant could not examine the Halka Patwari to prove the market value in terms of Ext. P-2. The claimant has been deprived of her constitutional and statutory right of getting adequate compensation in accordance with 4 law. The claimant is entitled to compensation which is just, fair and reasonable. Due to faulty legal advise, the poor and illiterate claimant, living in the remote corner of the State could not prove the compensation to which she was legally entitled to. The market value with respect to land situated in other Mohal has been enhanced by the Court below. Hence I see no reason as to why the present appellant be deprived of leading further additional evidence to prove the documents on the basis of which the market value of the acquired land can be determined. Hence the matter is remanded back to the Court below for allowing the appellant to examine the Halka Patwari to prove the certificate Ext. P-2, issued by the Patwari in question. It shall be open for the respondent-State to lead their additional evidence if necessary after the statement of the Halka Patwari is recorded. The Court below shall also determine as to whether any additional evidence would necessarily be required to be led by the parties or not. For the aforesaid reasons the impugned award dated 22.6.2005 is set aside and the matter is remanded back to the Court below. Land reference petition No. 52/2001 is restored to its original position. The learned counsel for the parties undertake to appear before the concerned Court on 10.8.2009. Mr. Rajiv Jiwan, learned counsel for the appellant states that he shall not take more than two opportunities to examine the 5 witness. Keeping in view the fact that the acquisition proceedings pertain to the year 1989, the Court shall decide the matter as expeditiously as possible. Record be sent back immediately. CMP No. 567 of 2005 Disposed of. (Sanjay Karol), Judge. June 22, 2009 (PK)