GENERAL MANAGER, NORTHERN RAILWAY Vs. HIMMAT KUMAR

JUDGEMENT

(1.) Common award dated 31.08.2011, passed by learned District Judge, Una, H.P., in various land reference petitions, is subject matter of challenge in these appeals, so filed both by the beneficiary of the acquired land and the claimants. It is a matter of record that for the public purpose, namely, construction of Nangal-Talwara Broad Gauge railway line, land situate in Up Mohal Ram Nagar, Tehsil Amb, District Una, came to be acquired with the issuance of notification dated 24.03.2006 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The Collector Land Acquisition, in terms of his Award No.12 of 2006/2007, determined the market value of the acquired land, category and classification wise ranging from Rs.250/- to Rs.500/- per square meter. In terms of the impugned award, market value stands re-determined @ Rs.800/- per square meter, irrespective of its category and classification. Also compensation for acquisition of the built-up structures/houses, came to be determined in the case of claimant Kashmir Chand. As such, correctness of the award on both the counts is subject matter of consideration by this Court.

(2.) Commencement of acquisition proceedings and the land having been acquired, in accordance with law, is not in dispute. That the entire land stands utilized for the public purpose, namely, laying of railway track is also not in dispute, though, such fact stands established conclusively on record. The extent of total land acquired is 9-93-82 hectares.

(3.) Now what is that real market value of the acquired land, the Apex Court has clearly held it to be that which a willing vendor and willing vendee are ready to receive and pay.