SUKH DUTT RATRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Delay condoned and leave granted. With consent of counsel for the parties, the appeal was heard finally. The appellants are aggrieved by final judgment (dtd. 12/9/2013 in CWP No. 7873/2011.) of the High Court of Himachal Pradesh at Shimla, disposing their writ petition, with liberty to institute a civil suit in accordance with law.

(2.) Sukh Dutt Ratra and Bhagat Ram (hereafter 'appellants') claim to be owners of land(2 Khasra Nos. 141, 232/142, 143, 144, 145, 281/267, 206/147, 158, 268/149, 282/267, and Khasra Nos. 201/138, 242/146, 209/154, 158, 211/163, 16/172, further Khasra Nos. 50, 51, 89, 278/92, 280/93, and 205/147, 281/267, 151, 152, 283/153, 285/20) situated at Mauzal Sarol Basach, Tehsil Pachhad, District Sirmaour, Himachal Pradesh (hereafter 'subject land'). The Respondent-State utilised the subject land and adjoining lands for the construction of the 'Narag Fagla Road' in 1972-73, but allegedly no land acquisition proceedings were initiated, nor compensation given to the appellants or owners of the adjoining land.

(3.) Pursuant to a judgment by the Himachal Pradesh High Court(In Devender Singh and Ors. v. State of Himachal Pradesh CWP No. 816/1992. )(hereafter 'High Court') directing the State to initiate land acquisition proceedings, a notification under Sec. 4 of the Land Acquisition Act, 1894 (hereafter 'Act') was issued on 16/10/2001 (published on 30/10/2001) and the award was passed on 20/12/2001 fixing compensation at Rs.30,000.00 per bigha. Proceedings under Sec. 18 of the Act for enhancement of compensation, were initiated by ten neighbouring land owners (Mata Ram and others), whose lands were similarly utilised for the construction of the same road and an award (Award in Land Ref. Petition No. 10-LAC/4 of 2004 and consolidated matters) dtd. 4/10/2005 was passed by the reference court in their favour. It was held that the reference petitioners were entitled to enhanced compensation of Rs.39,000.00 per bigha; solatium of 30% per annum on the market value of the land; additional compensation at the rate of 12% per annum under Sec. 23(1-A) of the Act w.e.f. 16/10/2001 (date of issuance of notification under Sec. 4) till the date of making of the award by the Collector, i.e. 20/12/2001; and under Sec. 28, interest of 9% per annum from 16/10/2001 for a period of one year, and thereafter 15% per annum, till date of payment. In 2009, the High Court dismissed(dtd. 25/8/2009 in RFA No. 1-9/2006) the appeal against this order by those claimants, who were seeking statutory interest from the date of taking possession (rather than date of initiation of acquisition proceedings).