Kishan Devi vs. Lac
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Order Issued After Hearing
Purpose:
Hearing
Before:
Hon'ble Honourable Mr. Justice Sanjay Karol
Listed On:
27 Aug 2014
Order Text
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 147 of 2009 a/w RFA Nos, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168,169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 202, 203, 204, 205, 206, 207, 208 and 273 of 2009
Date of decision : 27.08.2014
| RFA No.147 of 2009 | |
|---|---|
| Sh. Karam Chand and another<br>Versus | …<br>Appellants |
| Land Acquisition Collector and others | … Respondents |
| <br>RFA No.148 of 2009 | |
| Sh. Piara Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.149 of 2009 | |
| Sh Gurbax Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.150 of 2009 | |
| Sh. Gian and others<br>Versus | …<br>Appellants |
| Land Acquisition Collector and others | … Respondents |
| <br>RFA No.151 of 2009 | |
| Sh. Paramjit Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.152 of 2009 | |
| Smt. Kailo and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.153 of 2009 | |
| Smt. Amro Devi | …<br>Appellant |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.154 of 2009 |
| Smt. Satya Devi and others<br>Versus | …<br>Appellants |
|---|---|
| Land Acquisition Collector and others | … Respondents |
| <br>RFA No.155 of 2009 | |
| Sh. Achhru Ram and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.156 of 2009 | |
| Sh. Balwan Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.157 of 2009 | |
| Smt. Kishan Devi and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.158 of 2009 | |
| Sh. Ram Kumar | …<br>Appellant |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.159 of 2009 | |
| Sh. Chuhra | …<br>Appellant |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.160 of 2009 | |
| Sh. Amar Singh | …<br>Appellant |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.161 of 2009 | |
| Sh. Chinta Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.162 of 2009 | |
| Sh. Paramjit Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
RFA No.163 of 2009
| Sh. Dayal Singh and others | …<br>Appellants |
|---|---|
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.164 of 2009 | |
| Sh. Kala Ram and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.165 of 2009 | |
| Sh. Sandeep and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.166 of 2009 | |
| Smt. Jeeto | …<br>Appellant |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.167 of 2009 | |
| Sh. Daulat Ram | …<br>Appellant |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.168 of 2009 | |
| Sh Joginder Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.169 of 2009 | |
| Sh. Mohinder Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.170 of 2009 | |
| Sh. Surjit Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.171 of 2009 | |
| Smt. Jeeto | …<br>Appellant |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
RFA No.172 of 2009
| Sh Gurbax Singh and others | …<br>Appellants | |
|---|---|---|
| Versus<br>Land Acquisition Collector and others | … Respondents | |
| <br>RFA No.173 of 2009 | ||
| Sh. Gita Ram and others | …<br>Appellants | |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents | |
| RFA No.174 of 2009 | ||
| Sh. Rabi Deen and others | …<br>Appellants | |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents | |
| RFA No.175 of 2009 | ||
| Sh Jagdish Chand and others | …<br>Appellants | |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents | |
| RFA No.176 of 2009 | ||
| Sh. Bal Krishan and others | …<br>Appellants | |
| Versus<br>Land Acquisition Collector and others | … Respondents | |
| <br>RFA No.177 of 2009 | ||
| Sh. Bachna and others | …<br>Appellants | |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents | |
| RFA No.178 of 2009 | ||
| Sh. Kala Ram and another | …<br>Appellants | |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents | |
| RFA No.202 of 2009 | ||
| Sh. Pritam Chand | …<br>Appellant | |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents | |
| RFA No.203 of 2009 | ||
| Sh. Amar Singh and others | …<br>Appellants | |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| RFA No.204 of 2009 | |
|---|---|
| Sh. Jagta and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.205 of 2009 | |
| Smt. Surinder Kaur and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.206 of 2009 | |
| Sh. Fuman Singh and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.207 of 2009 | |
| Sh. Ram Karan and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| <br>RFA No.208 of 2009 | |
| Sh. Ajay Kumar and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others<br> | … Respondents |
| RFA No.273 of 2009 | |
| Sh. Ajay Kumar and others | …<br>Appellants |
| Versus<br>Land Acquisition Collector and others | … Respondents |
| Coram: |
The Hon'ble Mr. Justice Sanjay Karol, Judge.
Whether approved for reporting?<sup>1</sup> No.
| For the Appellants | Mr. Ramakant Sharma and Ms. Devyani |
|---|---|
| : | Sharma, Advocates. |
| For the Respondents : | Mr. H.K.S. Thakur and Mr. R.S. Verma<br>Additional Advocates General. |
Sanjay Karol, Judge (Oral)
All these appeals are being disposed of by a common judgment since they arise out of common impugned award dated 16.4.2009, passed by the District
Whether reporters of Local Papers may be allowed to see the judgment?
Judge, Solan, in different land reference petitions, which were clubbed together.
- Facts are not much in dispute. With an endeavour of setting up various industrial parks, to give boost to economy, State decided to set up an Apparel Park in District Solan. Pursuant to such policy decision and for the said public purpose, different acquisition proceedings with respect to various parcels of land commenced in the year, 2002. In the instant case, noticeably, Apparel Park was to be set up in the hub of industrial area which partly stood developed. In the instant case, acquisition proceedings commenced with the issuance of notification dated 18.9.2002, under the provisions of Section 4 of the Land Acquisition Act, 1963 (hereinafter referred to as the Act), published in the Himachal Rajpatra on 5.10.2002. In terms of this notification, land sought to be acquired fell within two revenue estates that i.e. village Katha and village Bhatauli Kalan, Tehsil and District Solan. Acquisition proceedings concluded with the taking over of possession of the acquired land after passing of award dated 27.6.2005. The Collector Land Acquisition, in terms of this award, assessed the market value of the land, categories/classifications wise in the following manner:-
"Land situated in village Katha:
Classification Rate
- Changar Abal Barani Rs.2,00,244/- per Bigha
| 2. Lahari Abal Barani | Rs.5,64,324/- per Bigha" |
|---|---|
| "Land situated in village Bhatauli Kalan: | |
| Classification | Rate |
| 1. Changar Awal Barani | Rs.1,82,375/- per Bigha |
| 2. Banjar Kadeem | Rs. 72,950/- per Bigha" |
-
Various land owners, including the present claimants, being totally dissatisfied with the market value so determined by the Collector Land Acquisition, filed independent reference petitions under Section 18 of the Act.
-
Considering the fact that land had great potential of being put to commercial use and had higher market value, based on exemplar sale deeds, claimants sought compensation of the acquired land @ `15,00,000/- per Bigha.
-
Noticeably, prior to passing of the award by the Collector Land Acquisition, State itself had constituted a Committee to examine the grievances of various land owners, also with an endeavour for determining the fair market value of the land which was subject matter of acquisition proceedings. Report (Ex.PW3/A) dated 20.4.2005 of the Committee headed by the District Collector is on record to this effect, which reveals that parties mutually agreed for uniform determination of the market value of the acquired land @ `4,00,000/- per Bigha. This was so, since entire land was to be utilized for the public purpose. Belting system without classification of land was agreed upon. However, for reasons undisclosed, unknown and unexplained, Collector ignored such report and passed the award in question.
-
Having heard learned counsel for the parties, as also perused the record, in the aforesaid backdrop, this Court is of the considered view that matter needs to be remanded back. Claimants herein, who though were tilling their land had in fact, objected to the acquisition proceedings inter alia for the reason that they had themselves wanted to set up commercial units. In public interest they gave up these objections. The Collector Land Acquisition was duty bound to take into account various factors and attending circumstances in determining the fair market value, which in fact, unfortunately was also not taken into consideration by the Court below while passing the impugned award.
-
Potentiality of the land being put to commercial use, in the given facts and circumstances cannot be disputed. Also, as to whether claimants would be entitled to uniform market value with respect to the entire land is an issue which is required to be considered by the Court below. It is urged that exemplar sale deeds were placed on record. Also, State has placed on record documents pertaining to average one year price, which could not be proved in accordance with law. As such, in the given facts and circumstances, it would be only in the interest of justice that the matter is remanded back to the Court below, enabling the parties to lead their evidence with regard to the similarity of the acquired land with that of the exemplar sale deeds as also the average one year price and other documents placed on record by the parties. The vendor and the vendee need be examined. In the instant case, this Court has refrained from venturing in determining the market value of the claimants land in terms of mutually agreed rates, as per report (Ex.PW3/A), for the reason that claimants are seeking rates higher than the agreed amount. Whether they are entitled for the same or not can be considered by the Court below.
-
As such, impugned award dated 16.4.2009, passed by the District Judge, Solan, in different land reference petitions, subject matter of present appeals, is quashed and set aside. The matter is remanded back to the District Judge, Solan for re-consideration afresh, in accordance with law. Liberty granted to the parties to place additional material on record. Needless to add, opportunity to lead evidence for proving all documents, including the ones already on record, shall be afforded to the parties. As far as possible, an endeavour shall be made by the parties to produce their witnesses on their own responsibility. Hearing is expedited.
-
Since acquisition proceedings pertain to the year 2002 and claimants stand deprived of their legitimate statutory rights, Court below shall decide the land reference petitions before 31.3.2015.
-
Parties are directed to appear before the Court below on 27.9.2014. Record of the Court below be sent back immediately.
-
It is brought to the notice of this Court that in some of these appeals, some of the appellants have expired. Their legal heirs stand substituted in the respective appeals. The trial Court shall take note of it. Amended memo of parties shall be filed by the claimants.
-
Court fee be refunded to the claimants in accordance with law.
In view of the aforesaid discussion, present appeals stand disposed of, so also, pending application(s), if any.
(Sanjay Karol),
August 27, 2014 (KS) Judge.
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