- (1.) These appeals have been filed by Rajasthan State Industrial Development and Investment Corporation Ltd. (for short RIICO) RIICO Ltd. vs.Devi Lal & Anr. & Other 62 connected appeals Judgment dt:20 th July, 2011 2/27 under Section 54 of the Land Acquisition Act, 1894 being aggrieved by the order passed by learned District Judge, Bhilwara on a reference application under Section 18 of the Act, whereby, the learned District Judge enhanced the compensation for the land acquired compulsorily under the provisions of the Act of 1894 from the respondent land holders by the State Government for developing growth centre or Industrial area by the appellant RIICO.
(2.) The facts illustratively are taken from two appeals. (i) Facts of Civil Misc. Appeal No. 395/2010 RIICO Vs. Devi Lal & Anr. By notification dated 23/11/1995 issued under Section 4 of the Act, the land measuring 886 bighas 7 biswas of land was sought to be acquired in village Billia Kalan, Guvardi and Swaroopganj, Tehsil Bhilwara for developing growth centre, Hameergarh for industrial development of said industrial city of Bhilwara known as Textile City in the country. The declaration under Section 6 of the Act was published on 28/12/1996 and award was passed by the Land Acquisition Officer (SDO, Bhilwara) on 4/4/1998. The compensation RIICO Ltd. vs.Devi Lal & Anr. & Other 62 connected appeals Judgment dt:20 th July, 2011 3/27 of the land in question was determined for these three villages on the basis of rates determined by District Level Committee and communicated to the Land Acquisition Officer vide communication dated 31/1/1997, which in a tabular form is as under:- Being aggrieved, the land holders applied for reference under Section 18 of the Act, which in the present case was made on 14/5/1998. Certain sale deeds were produced by the claimants land holders to support the claim at the rate of Rs. 3 lacs per bigha. Under Ex-1-A sale deed dated 27/11/95, 06 biswas of agriculture land was sold by one Kamla Devi to Kishan Lal Nai and the Sub-Registrar, Hameergarh determined the additional stamp duty of Rs. 4530/- taking the rate of land at Rs.1,51,000/- per bigha. Ex.2 - sale deed dated 21/3/95 was produced under which one Nanda, Bheru and RIICO Ltd. vs.Devi Lal & Anr. & Other 62 connected appeals Judgment dt:20 th July, 2011 4/27 Gopal s/o Mangu Gurjar sold 02 bighas and 16 biswas of land to one Swastica Poly Fab Pvt Ltd., Bhilwara for Rs.1,90,000/-, but the SubRegistrar, Bhilwara determined the stamp duty of Rs. 36,400/- on the valuation of Rs.3,64,000/-. Under Ex.3 sale deed dated 17/1/96, one Bhura Ram & ors. sold 03 bighas 10 biswas of agriculture land to Ladda Construction Company for Rs.2,10,000/- but the SubRegistrar, Bhilwara taking the value of land to be Rs.1,50,000/- per bigha determined the stamp duty of Rs.52,500/-. Similarly, under Ex.4-lease deed dated 21/3/96, the State Government is said to have executed lease deed in favour of M/s Sangam Spinners, Bhilwara in village Billia Kalan of 05 biswas of land @ Rs.2 lacs per bigha and lease rent of the said land was determined at Rs. 50,000/- accordingly per year. The claimants, therefore, stated before the Reference Court that these sale transactions were of nearby places and the land acquired of the claimants was on the Ajmer Chittorgarh State Highway, which was near to Bhilwara City and since land of Swaroopganj and Billia Kalan were contiguous, therefore, compensation should be determined at the rate of Rs.3,00,000/- per bigha. The said claim was contested by RIICO as well as State Government before the learned Reference Court. The Reference RIICO Ltd. vs.Devi Lal & Anr. & Other 62 connected appeals Judgment dt:20 th July, 2011 5/27 Court of learned District Judge, Bhilwara (Shri H.R.Poonia, RHJS) by the impugned order under Section 8 of the Act dated 10/11/2009 enhanced the compensation at the rate of Rs. 50,000/- per bigha for the land in question and besides that interest and solatium were awarded as per provisions of the Act and passed the impugned order on 10/11/2009. (ii) Facts of Civil Misc. Appeal No. 1049/2010 RIICO Vs. State & Ors. For the same notification under Section 4 of the Act issued on 23/11/1995 for the acquisition of land in another village Billia Khurd, award was passed by the Land Acquisition Officer on 4/4/1998 as per rates supplied by District Level Committee, which was much higher than the rates given for other villages like Swaroopganj, Guvardi and Billia Kalan. As against the rate of Rs. 10,000/- per bigha and Rs. 6,000/- per bigha for irrigated and un-irrigated land respectively in village Swaroopganj, Rs.35,000/- per bigha and Rs. 25,000/- per bigha for irrigated and un-irrigated land respectively for Billia Kalan, the rates for village Billia Khurd was Rs.1,10,000/- per bigha for RIICO Ltd. vs.Devi Lal & Anr. & Other 62 connected appeals Judgment dt:20 th July, 2011 6/27 irrigated land and Rs. 60,000/- per bigha for un-irrigated land. The reason for this difference was that Bhilwara-Udaipur National Highway was near to the said village Billia Khurd. The Land Acquisition Officer awarded compensation as per the DLC rates, the claimant, however, claimed compensation at the rate of Rs. 3,00,000/- per bigha and supported their claims with the help of certain sale deeds produced by them. Ex.1 is the sale deed dated 2/11/92 by one Arjun Lal in favour of Shanti Devi & others under which 01 bigha and 10 biswas of 'chahi land' was sold at Rs.45,000/- per bigha. In Ex.2 Sale deed dated 11/10/93, one Vimla Devi sold 04 biswas of land in favour of Manmal for Rs.25,000/-. Ex.3 is the sale deed dated 4/3/95 by one Suresh Kumar in favour of Mool Chand, whereby, 09 biswas of land was sold at Rs. 15,000/-. Under Ex.4 Sale deed dated 2/11/92, one Arjun Lal and Brijmohan sold 04 bighas and 02 biswas of land to Synthetic Weaving Mill Association, Bhilwara, which land also included a constructed well for Rs.15,000/-. As against the claim of Rs. 3 lacs per bigha, the learned Reference Court of learned District Judge, Bhilwara (Shri Devendra Kachwaha, RHJS) by the impugned order passed on different dates and in the present case on 6/7/2010 awarded compensation at the rate of Rs. 1,50,000/- per RIICO Ltd. vs.Devi Lal & Anr. & Other 62 connected appeals Judgment dt:20 th July, 2011 7/27 bigha for the said village Billia Khurd and also determined compensation for trees @ Rs.1000/- per tree.
(3.) Both the Reference Courts, in the impugned orders also held against the appellant RIICO that merely acceptance of the claim awarded by the Land Acquisition Officer without protest would not disentitle the land holders for making reference application under Section 18 of the Act seeking enhancement of the compensation. Interest and solatium were separately awarded by the Reference Courts in accordance with the provisions of the Act.;