EXECUTIVE ENGINEER Vs. SHASHI BHUSHAN

JUDGEMENT

(1.) This is a First Appeal which has been preferred by the Executive Engineer, Nagriya Vidhyut Vitran Khand (North), whereby, he has questioned the veracity of the award rendered under a reference sought under Sec. 18 of the Land Acquisition Act of 1894, which was registered as the Land Acquisition Reference Case No. 62 of 2009 'Shashi Bhushan and Others vs. Collector, Dehradun and Another', which has been decided by the impugned judgment dtd. 21/8/2013, and while doing so the reference court has awarded the compensation of the land acquired to the respondents at the circle rate prevalent at the relevant point of time, i.e. at the rate of Rs.7,500.00 per sq. meters, as fixed by the Collector while exercising his powers under Sec. 47 A of the Stamp Act as made applicable by the State amendment under the Stamp Act.

(2.) The brief facts, which are involved in the instant case are, that for the purposes of acquiring the land for the purpose of establishment of 33/11 K.V. Sub Station and the Housing premises for the employees of the department. For the said purpose a notification under Sec. 4(1) of the Land Acquisition Act, 1894 was issued on 4/12/2007 and was published in the newspaper on 26.12.20017 and 25/12/2007, and the notification under Sec. 6(1) of the Act, in continuation thereto was published in the newspaper on 10/5/2008 was issued on 23/4/2008. The possession of the property in question was shown to be taken over on 18/8/2008, but the SLAO while exercising his powers under Sec. 11 of the Act had rendered an award on 17/12/2008, questioning the determination of the compensation rendered by the SLAO, who has awarded the compensation by fixing the rate of land at the rate of Rs.1,204.68 per square meter.

(3.) The case of the respondent is that they have sought a reference under Sec. 18 of the Land Acquisition Act, as against the award rendered by the Special Land Acquisition Officer in relation to the land acquired, i.e. Khasra No. 117 kha having an area of 0.365 hectares and Khasra No. 121 kha having an area of 0.100 hectares in LA Case No. 2 of 2006-07, rendered on 17/12/2008, contending thereof that the quantum of compensation which has been determined by the Land Acquisition Officer, which was based upon paper no. 18, which was an exemplar sale deed where the parties to the said sale deed had agreed to convey the property at the rate of Rs.1200.00 per square meter and, thus it is contended by the appellant that the said sale deed since related to the property which felt within the close vicinity of the land proposed to be acquired by the Executive Engineer, Electricity Distribution Division, hence, the quantum of compensation as determined at the rate of Rs.1200.00 per square meter and which was based on the exemplar sale deed paper no. 18, which was determined by the SLAO as 1204.68 per square meter was absolutely just and proper compensation determined by the Special Land Acquisition Officer.