UNION OF INDIA THROUGH SECRETARY, DEFENCE, NEW DELHI Vs. GUPAT RAM, SON OF SHRI JAGAT RAM, R/O VILLAGE AVERI, P.O. NOGLI, TEHSIL NIRMAND, DISTRICT KULLU, H.P. AND COLLECTOR LAND ACQUISITION, ANI, DISTRICT KULLU, H.P.

JUDGEMENT

(1.) ALL the appeals arise out of one award being award No. 1 of 1998 passed by the Land Acquisition Collector. The Land Acquisition Collector awarded compensation of land for different categories of lands by the said award: - <FRM>JUDGEMENT_417_LAWS(HPH)3_2012.htm</FRM> The claimants who were not satisfied with the award of the Land Acquisition Collector filed Land Reference Petitions under Section 18 of the Land Acquisition Act, 1894 (here -in -after referred to as the Act). The2:10 PM 5/22/20152:10 PM 5/22/2015 District Judge awarded compensation for different categories of land from Rs. 52,000/ -to Rs. 60,000/ -. The District Judge has passed separate awards. However, since the award of the Land Acquisition Collector was one, these appeals can be disposed of by a common judgment.

(2.) IT would be pertinent to mention that a number of appeals arising out of the same award of the Land Acquisition Collector and similar awards of the District Judge have been disposed of by a learned Single Judge of this Court vide his judgment dated 16th December, 2008 delivered in RFA No. 246 of 2004, wherein it has been held as follows: The challenge to the impugned Award is on the ground that the Court below has determined the market value on the basis of solitary sale instance which was with respect to a small parcel of land. According to the learned Assistant Solicitor General of India, the Court below erred in basing its decision on the same particularly when otherwise there was contemporaneous material on record to justify the award passed by the Collector. Per contra, Shri Brahma Nand Sharma, learned counsel for the claimants, has defended the award for the reasons set out therein. According to him, there cannot be a straight jacket formula and Sale Deed pertaining to a solitary sale instance can also be considered for determining the market value of the acquired land.

(3.) THE fact that the claimants land was acquired in terms of the Notification issued under the provisions of the Act is not in dispute. The extent, the location and the entitlement of the claimants is also not in dispute. It is equally true that even though large chunk of land was acquired for setting up of defence establishment but, however, individual share holding of each claimant is not very big and substantial. The increase of the amount of the market value is also not very high and is just about 10% from what was awarded by the Collector, Land Acquisition. In order to prove its case, the claimants examined Shri Gopal Dass (PW -1), Numberdar of Phati Nirmand; Shri Prabhdayal (PW -2), who sold his land in terms of Sale Deed Ext. PW -2/A, Shri Joginder Singh (PW -3) and Shri Ganga Ram (PW -4). These witnesses proved on record Sale Deed Ext. PW -2/A dated 14.9.1993 in terms of which 2 biswas of land in village Averi, was sold for a sum of Rs. 6000/ -(3 lakh per bigha). In rebuttal, the respondents examined Shri Chain Ram (RW -1) and Shri Shyam Chand (RW -2), Patwari of the Patwar Circle Nirmand. Village Averi is at a distance of 6 kms. from Rampur stands proved by PW -1. That the acquired land was put to agricultural use and the claimants used to sow maize and wheat stands proved by PW -1, PW -3 & PW -4. These witnesses have deposed that the crop sown on the acquired land was sold at Rampur, which in fact is closer from the acquired land and were having an annual income of Rs. One lac per bigha. According to the claimants, the market value of the acquired land was approximately 21/2 lacs per bigha. With the acquisition of the land, as stands proved by them, there has been mass dislocation of population which has not only effected their personal life but also their businesses.