STATE Vs. UMA

JUDGEMENT

(1.) Out of these appeals, 83 appeals have been filed by the State of Himachal Pradesh, assailing as many as 12 awards of the District Judge, Solan, given in different land acquisition reference cases, in respect of land acquired for the establishment of Agriculture complex, which was subsequently converted into Dr. Y.S. Parmar University of Horticulture and Forestry. Claimants have preferred Cross appeals, R.F. As. Nos. 43 of 1991, 2 of 1992 and 133 of 1992 praying for enhancement of the award amount. In R F. As. No. 262 of 1991 and 6b of 1992, cross -objections have been filed for enhancement of compensation.

(2.) In all the 12 awards of the District Judge, the market value of the acquired land, has been assessed at a uniform rate for each category of land. The learned Advocate General stated at the bar that out of these appeals, the main case is R.F.A. No. 81 of 1991 filed by the State to which Cross -appeal, R.F.A. No. 43 of 1991 has been preferred by the claimants, for enhancement of the compensation in respect of land as well as trees According to him, the decision in these two appeals, in respect of market value of the acquired land, will be applicable to all other appeals because the award dated 5 -10 -1990 challenged in these appeals is the basis for the subsequent 11 awards delivered on different dates by the District Judge. The State has not challenged the awards of the District Judge. On other items, such as, buildings, trees etc., etc. This statement of the learned Advocate General has not been controverted by the learned Counsel appearing for the claimants in these appeals. We have ourselves examined the awards and found that though the District Judge has discussed the evidence produced in each group of reference cases for determining the market value of the land, yet, he has relied upon two sale transactions which are common in all groups of cases tried by him. These two sale transactions, besides other evidence, have been produced and proved in each group of reference cases, except the group in which award dated 4 -3 -1991 was given, in which the District Judge has relied upon the award dated 5 -10 -1990, a certified copy of which was placed on record as Ex. P -Z/14. In view of this position, we have heard the learned Advocate General and Sh. K.D. Sood in R.F.A. No. 81 of 1991 and R.F.A. No. 43 of 1991 and examined the record in Land Reference No 1 -S/4 of 1979, Devi Chand v. Land Acquisition Collector. We have also heard the learned Counsel appearing for the claimants in other appeals We find that if the compensation for the acquired land in the award dated 5 -10 -1990 stands judicial scrutiny, the decision will apply to all other appeals and we need not examine each case separately but if we set aside the said award, we will have to analyse the evidence in each group of reference cases, in which subsequent 11 awards were given.

(3.) The acquired land measuring 5505 -6 Bighas is spread over between State Highway Solan -Rajgarh Road and Oachghat -Narag Road on two sides. The acquired land forms part of fourteen villages, namely, Nando, Oach, Phangari, Majhargari, Bagaur, Nauni -Majhgaon, Padan, Ucha -gaon, Nangari, Kharkog, Masaria Majhgaon, Damarau, Shamroor and Bhajan. For its acquisition, Notification under section 4 of the Land Acquisition Act (hereinafter called the Act) was issued on 13 -7 -1971. The award under section 11 of the Act was given on 1010 -1974 by the then Land Acquisition Collector, Solan The Collector divided the acquired land into two sectors on the basis of location, distance from road and market and other factors relevant for determining the market value of the land. He also categorised the land as Kuhl, Katul, Hangar I, Ban gar II, Bangar III, Banjar Kadim and Ghasni/Charand and Ghair Mumkin. Though he made assessment of the market value of different kinds of land, yet, he awarded uniform rate of Rs 500 per Bigha in respect of land of the categories Bangar II, Bangar III, Banjar Kadim, Ghasni/Charand and Ghair Mumkin because the market value of these categories as per his assessment was nominal and the Government had taken a decision that no person would get less than Rs 500 per Bigha as compensation for the acquired land. However, for other categories, he had awarded as under : - Kuhl Katul Bangar I Sector 1 : 1261.87 698.53 630 93 Sector 2 : 1254.40 974 40 694.40