LAND ACQUISITION COLLECTOR AND ORS. Vs. KIBJA DEVI

JUDGEMENT

(1.) The extent of land acquired is just 0-12-13 bighas (1 bigha = 1000 yards approximately). The amount of compensation involved is also not substantial. Undisputedly respondent herein is the owner of the land, so acquired by the State, for a public purpose, vide Notification issued in the Rajpatra on 16.6.2003, under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The Collector Land Acquisition, based on the material so collected by him, determined the market value of the acquired land to be Rs. 14,830/- per biswa (20 biswas = 1 bigha). Dissatisfied with the same, claimant (respondent herein) filed a petition under Section 18 of the Act, seeking re-determination of the compensation so awarded by the Collector. Vide impugned Award dated 25.6.2013, passed by learned District Judge, Mandi, in Land Reference No. 2/2012, titled as Kubja Devi v. Collector Land Acquisition and another, the market value of the acquired land stands redetermined from Rs. 14,830/- per biswa to Rs. 35,000/- per biswa.

(2.) Having heard learned Counsel for the parties as also perused the record, Court is of the considered view that re-determination of the market value, by the Court below, is just, fair and reasonable. It is based on clear, consistent and cogent material so placed on record by the parties and evidence adduced by them.

(3.) Court below has re-determined the compensation, based on the exemplar sale deed (Ex. PA), whereby similarly situated land was sold at a price of Rs. 20 lacs per bigha (Rs. 1.00 lac per biswa). Pertinently, sale is much prior to the issuance of notification dated 16.6.2003. Significantly, the property in question is having potential for commercial use, inasmuch as it is adjoining to the road. Hence, in the given facts and circumstances, no interference is warranted. It cannot be said that the findings returned by the Court below are perverse, illegal or erroneous.