STATE OF H.P. Vs. HUKMI RAM

JUDGEMENT

(1.) All these appeals/cross objections are being disposed of by a common judgment as these pertain to acquisition of land acquired for construction of Kayartu-Thaila road by common notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act).

(2.) The lands of the petitioners/respondents/crossobjectors were subjected to acquisition for construction of KayartuThaila road. The learned District Judge while assessing compensation qua the lands of the land owners as had come to be subjected to acquisition has assessed compensation for various categories of land at the rate hereinafter mentioned:- <FRM>JUDGEMENT_64_LAWS(HPH)11_2014_1.html</FRM>

(3.) The learned Additional Advocate General contends with force before this Court that the learned District Judge while relying upon Ex.PW4/B which manifests the market value of the land existing therein as on January, 2000, had, qua the lands subjected to acquisition on 29.11.2003, untenably given the purported escalation in the market value since the reflection of the market value of the land in Ex. PW4/B prepared in January, 2000 till the land having come to be ultimately subjected to acquisition subsequently on 29.11.2003, deemed it fit in his wisdom to provide a hike of 10% over the market value of various categories of land comprised in Ex.PW4/B. The aforesaid argument addressed before this Court by the learned Additional Advocate General peels off or acquires no force in the face of the mandate of the Hon'ble Apex Court enshrined in the judgment Ahsanul Hoda vs. State of Bihar, 2013 14 SCC 59 where in the relevant paragraph No.17, which is extracted hereinafter, it has been mandated that where the market value as is pronounced in the reliable parameter of probative worth, pertains to years preceding the acquisition of land in accordance with law, it is permissible for the Land Acquisition Collector or Courts of law to proceed to record or provide a hike of a reasonable per centum over the market value of land displayed in the reckonable parameter of probative worth preceding the subsequent acquisition of land in accordance with law. Pragraph 17 of the judgment referred to hereinabove reads as under:-