GULABI Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-3-14
HIGH COURT OF HIMACHAL PRADESH
Decided on
March 20,1997
GULABI
Appellant
VERSUS
STATE OF HIMACHAL PRADESH
Respondents
Referred Judgements :-
BHAGWATHULA SAMANNA VS. SPECIAL TAHSILDAR AND LAND ACQUISITION OFFICER VISAKHAPATNAM MUNICIPALITY VISAKHAPATNAM [REFERRED]Cited Judgements :-
COLLECTOR LAND ACQUISITION HP PWD AND ORS VS. HUKAM RAM AND ORS AND CHAMAN LAL AND ORS [LAWS(HPH)-2009-6-52] [REFERRED]STATE OF H P , VS. LEELA DUTT ALIAS AMAR SINGH & OTHERS [LAWS(HPH)-2018-9-67] [REFERRED TO]
GENERAL MANAGER, NHPC AND ANOTHER VS. RATTAN DASS AND OTHERS [LAWS(HPH)-2018-5-71] [REFERRED TO]
KIRPAL SINGH VS. LAND ACQUISITION COLLECTOR KOL DAM AND ANOTHER [LAWS(HPH)-2018-3-241] [REFERRED TO]
STATE OF H.P. AND OTHERS VS. LEKH RAM (DIED) THROUGH LRS & OTHERS [LAWS(HPH)-2017-12-179] [REFERRED TO]
DEVI JAIN VS. UNION OF INDIA [LAWS(DLH)-2012-7-252] [REFERRED TO]
THE LAND ACQUISITION COLLECTOR, SHIMLA ZONE, WINTER FIELD, SHIMLA AND ANOTHER. VS. BAHADUR SINGH AND OTHERS. [LAWS(HPH)-2017-3-152] [REFERRED TO]
DURGA DASS VS. LAND ACQUISITION COLLECTOR AND OTHERS [LAWS(HPH)-2016-8-21] [REFERRED]
STATE OF H P AND ANOTHER VS. BRIJ PAL SINGH [LAWS(HPH)-2018-3-103] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SACHIDA NAND [LAWS(HPH)-2010-4-47] [REFERRED TO]
COLLECTOR LAND ACQUISITION, HPPWD, MANDI VS. RAM PARKASH [LAWS(HPH)-2010-1-95] [REFERRED TO]
C T SHENTHILNATHAN CHETTIAR VS. RAJA D V APPA RAO BAHADUR [LAWS(MAD)-1999-3-93] [REFERRED TO]
KANTI SAWROOP VS. STATE OF H. P. [LAWS(HPH)-2024-4-107] [REFERRED TO]
LEKH RAM VS. LAND ACQUISITION COLLECTOR KOL DAM AND ANOTHER [LAWS(HPH)-2018-3-240] [REFERRED TO]
NTPC LTD , KOL DAM, BARMANA VS. BABU RAM & ANOTHER [LAWS(HPH)-2017-1-65] [REFERRED TO]
NTPC LTD VS. BRIJ LAL AND ANOTHER [LAWS(HPH)-2017-6-51] [REFERRED TO]
NTPC LTD VS. SOHAN LAL AND OTHERS [LAWS(HPH)-2017-6-76] [REFERRED TO]
HIMACHAL PRADESH STATE ELECTRICITY BOARD VS. SMT. GANGA AND OTHERS [LAWS(HPH)-2016-6-119] [REFERRED TO]
NTPC LIMITED VS. BHAJAN DASS AND OTHERS [LAWS(HPH)-2017-1-78] [REFERRED TO]
NORTHERN RAILWAYS VS. RAM KISHAN PABLA & OTHERS [LAWS(HPH)-2018-5-173] [REFERRED TO]
NARIAN SINGH VS. COLLECTOR, LAND ACQUISITION, PHEP (NHPC), LARJI [LAWS(HPH)-2017-7-58] [REFERRED TO]
LAWAN KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2009-4-63] [REFERRED TO]
UNION OF INDIA VS. SHIV RAM & ORS [LAWS(HPH)-2016-10-64] [REFERRED TO]
LAC VS. AJODHIA DEVI [LAWS(HPH)-2017-5-28] [REFERRED TO]
HIMACHAL PRADESH STATE ELECTRICITY BOARD, SHIMLA VS. JONDA RAM (DECEASED) THROUGH LRS SH NAGENDER KUMAR & OTHERS [LAWS(HPH)-2017-5-115] [REFERRED TO]
RODI DEVI VS. LAND ACQUISITION COLLECTOR KOL DAM AND ANOTHER [LAWS(HPH)-2018-3-239] [REFERRED TO]
GUJRAT AMBUJA CEMENT FACTORY VS. SUKH RAM [LAWS(HPH)-2023-3-14] [REFERRED TO]
LAND ACQUISITION COLLECTOR CAMP AT SOLAN VS. DESH RAJ [LAWS(HPH)-2018-6-102] [REFERRED TO]
RAJINDER BINDRA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-9-69] [REFERRED TO]
STATE OF H.P. AND OTHERS VS. MADAN LAL AND OTHERS [LAWS(HPH)-2017-12-181] [REFERRED TO]
LAND ACQUISITION COLLECTOR, N H P C VS. TEDHI SINGH & ANOTHER [LAWS(HPH)-2016-9-20] [REFERRED]
GENERAL MANAGER, NORTHERN RAILWAY NEW DELHI VS. OM PRAKASH & OTHERS [LAWS(HPH)-2018-5-174] [REFERRED TO]
NAND LAL VS. STATE OF H.P. [LAWS(HPH)-2014-10-23] [REFERRED TO]
STATE OF HIMACHAL PRADESH AND ORS. VS. DAVE RAM AND ORS. [LAWS(HPH)-2016-3-60] [REFERRED TO]
NTPC LIMITED, KOL DAM VS. KRISHAN CHAND SHARMA & OTHERS [LAWS(HPH)-2016-12-220] [REFERRED TO]
STATE OF HIMACHAL PRADESH THROUGH THE LAND ACQUISITION COLLECTOR, WINTER FIELD, H.P. PWD, SHIMLA, H.P. & OTHERS VS. SH. RAVINDER SHARMA ALIAS RAVINDER KUMAR (DECEASED) THROUGH LRS AND OTHERS [LAWS(HPH)-2018-8-121] [REFERRED TO]
STATE OF H P & ORS VS. GEETA RAM [LAWS(HPH)-2017-7-65] [REFERRED TO]
N.T.P.C. LTD. KOL DAM, BARMANA VS. LALMAN & ANOTHER [LAWS(HPH)-2017-1-86] [REFERRED TO]
LAND ACQUISITION COLLECTOR VS. NAROTAM SINGH [LAWS(HPH)-2020-3-62] [REFERRED TO]
GENERAL MANAGER, NORTHERN RAILWAY VS. RAM DASS AND OTHERS [LAWS(HPH)-2018-5-191] [REFERRED TO]
L.A.C. VS. JANARDHAN SINGH AND OTHERS [LAWS(HPH)-2018-8-18] [REFERRED TO]
COLLECTOR LAND ACQUISITION, PARBATI HYDRO ELECTRIC VS. RAJENDER KUMAR AND OTHERS [LAWS(HPH)-2017-5-195] [REFERRED TO]
DEEPAK ROHAL AND ANR VS. STATE OF H P AND ORS [LAWS(HPH)-2009-9-62] [REFERRED]
State of H.P. VS. Keshav Ram [LAWS(HPH)-2008-12-24] [REFERRED TO]
JUDGEMENT
A.K.GOEL, J. -
(1.)Since all the aforesaid appeals have arisen out of common award, as such we propose to take up and dispose of these appeals together and by a common judgment.
(2.)Brief facts of this case are that land was proposed to be acquired for public purpose namely, for construction of National Highway-21 and for this purpose Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued vide Notification SE-VI/1A-Padoh/G-V-19638-42, dated 23-1-1982 by Himachal Pradesh Government in its Public Works Department. Notification under Sections 6 and 7 was issued on 24-1-1983. These were followed by further notice under Section 9 of Land Acquisition Act to the persons interested, who appeared before the Land Acquisition Collector. Total land sought to be acquired was 9-2-13 bighas and was of different qualities, viz., Barani-I 6-3-10 bighas, Barani-II 1 -8-5 bighas, Banjar Kadim 0-0-9 bighas, Gair Mumkin 1-8-17 bighas and Kharater 0-1-12 bighas. Market value of the land on the date of notification under Section 4 was assessed quality-wise by the Land Acquisition Collector whereby rate of Barani-I was fixed at Rs. 9,140/- per bigha, Barani-II was fixed at Rs. 6,155/- per bigha, Banjar Kadim was fixed at Rs. 2,285/- per bigha, Kharater was fixed at Rs. 1900/- per bigha and Gair Mumkin was fixed at Rs. 1,900/- per bigha. It was on this basis that the market value of the land was assessed and compensation awarded on this rate to the land owners concerned. Besides this market value of the land, value of structures as well as of trees was also assessed as per award dated 31-3-1984 made by the Land Acquisition Collector. Since the claimants (hereinafter referred to as the appellants) were not satisfied with the compensation awarded by the Land Acquisition Collector, reference applications were filed by them under Section 18 for determination of compensation by the District Court under the Act.
(3.)The land references came up for consideration before the District Judge, Mandi who, by means of impugned award, has fixed the market value of the land at the rate of Rupees 2,000/- per biswa in respect of Barani land and Rs. 500/- per biswa in respect of the Khadyatar land and Gair Mumkin land had ordered enhancement of compensation accordingly while deciding issue No. 1, but had not allowed any enhancement with regard to the houses/shops standing on the acquired land and has thus answered issue No. 2 in the negative.
(2.)Brief facts of this case are that land was proposed to be acquired for public purpose namely, for construction of National Highway-21 and for this purpose Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued vide Notification SE-VI/1A-Padoh/G-V-19638-42, dated 23-1-1982 by Himachal Pradesh Government in its Public Works Department. Notification under Sections 6 and 7 was issued on 24-1-1983. These were followed by further notice under Section 9 of Land Acquisition Act to the persons interested, who appeared before the Land Acquisition Collector. Total land sought to be acquired was 9-2-13 bighas and was of different qualities, viz., Barani-I 6-3-10 bighas, Barani-II 1 -8-5 bighas, Banjar Kadim 0-0-9 bighas, Gair Mumkin 1-8-17 bighas and Kharater 0-1-12 bighas. Market value of the land on the date of notification under Section 4 was assessed quality-wise by the Land Acquisition Collector whereby rate of Barani-I was fixed at Rs. 9,140/- per bigha, Barani-II was fixed at Rs. 6,155/- per bigha, Banjar Kadim was fixed at Rs. 2,285/- per bigha, Kharater was fixed at Rs. 1900/- per bigha and Gair Mumkin was fixed at Rs. 1,900/- per bigha. It was on this basis that the market value of the land was assessed and compensation awarded on this rate to the land owners concerned. Besides this market value of the land, value of structures as well as of trees was also assessed as per award dated 31-3-1984 made by the Land Acquisition Collector. Since the claimants (hereinafter referred to as the appellants) were not satisfied with the compensation awarded by the Land Acquisition Collector, reference applications were filed by them under Section 18 for determination of compensation by the District Court under the Act.
(3.)The land references came up for consideration before the District Judge, Mandi who, by means of impugned award, has fixed the market value of the land at the rate of Rupees 2,000/- per biswa in respect of Barani land and Rs. 500/- per biswa in respect of the Khadyatar land and Gair Mumkin land had ordered enhancement of compensation accordingly while deciding issue No. 1, but had not allowed any enhancement with regard to the houses/shops standing on the acquired land and has thus answered issue No. 2 in the negative.
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