MUNSHI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned award rendered on 23.06.2006 by the learned District Judge, Solan, H.P. in Land Reference Petition No. 19-S/4 of 2004, whereby, he, qua the acquired land(s) of the landowners/appellants herein, assessed compensation constituted in a sum of Rs. 80,000/- per bigha also thereupon he levied all the imperative statutory benefits.

(2.) The learned counsel appearing for the appellants herein/landowners, has contended that 'though Ex. P-10', comprised the report prepared by the Field Kanungo, also given its standing proven, hence concomitantly enjoined imputation of reliance thereon 'by' the learned Reference Court, yet the learned Reference Court 'not' placing reliance thereon, renders its award to warrant interference. It stands pronounced in Ex.P-10, that khasra Nos. 527/4/2, 527/4/3 and Khasra No. 527/4/4, cumulatively measuring 3 bighas 8 biswas, suffering damage, on account of road construction activity standing undertaken by the respondents concerned upon proximate thereto located acquired land(s) of the petitioners/appellants herein. However, the mere fact of Ex.P-10 standing proven by the 'its author' would not per se render an inference that both khasra Nos. 527/4/2, 527/4/3 and Khasra No. 527/4/4, cumulatively holding an area of 3 bighas 8 biswas, hence ipso facto suffering damage on account of road construction activity under taken upon the acquired land(s), acquired lands whereof, occur in proximity to the aforesaid khasra numbers, 'preeminently' when evidence with respect to the quantum of damage encumbered thereon besides evidence qua the classification(s) of the land borne on the aforesaid khasra numbers, besides prominently when evidence with respect to the hitherto crop yielding capacity of the land borne on the aforesaid khasra numbers, hence suffering a sharp decline, in sequel, to any purported damage encumbered upon lands borne on the aforesaid khasra numbers, 'remains omnibusly' unadduced. Reiteratedly, want of adduction of best evidence in respect of the claim of the appellant anvilled upon Ex. P-10, 'cannot' give any capitalization to the counsel for the appellant(s) 'to' contend that any damage, stood purportedly encumbered upon the appellants' land borne on the aforesaid khasra numbers, 'by' road construction activity undertaken by the respondents concerned 'upon' the acquired land(s), acquired land(s) whereof 'stand located in proximity thereto', nor he can canvass that the crop yielding capacity of the lands borne therein, suffering a sharp decline nor it can be concluded that the grass, if any, occurring thereon becoming unfit for its being used as fodder for the cattle.

(3.) Be that as it may, the acquired land stood located in Dhundhan. The learned Reference Court while adjudging compensation payable qua the acquired land(s) had depended upon the apposite material relied upon by the Land Acquisition Collector 'for its' hence alike the award pronounced by the Land Acquisition Collector 'making' a similar announcement with respect to compensation amount payable with respect to the acquired land(s) 'of' the appellants. The appellant has been unable to adduce evidence that the relevant material concurrently relied by both, the Land Acquisition Collector and by the Learned Reference Court 'for' their(s) determining alike compensation amount vis-a-vis the acquired land(s), 'hence' suffering from any perversity, arising from the factum of the prices of land(s) borne thereon 'not' being relatable to the acquired land(s), intra se unrelatability whereof occurring for want of satiation of the relevant applicable parameter(s), of (a) land(s) in respect whereof, the relevant price indexes occur in the relevant material 'not' holding proximity either in location angle vis-a-vis the land(s) acquired 'nor' theirs holding intra se proximity in time angle 'given' there occurring no evident intra se proximity in timer inter se the preparation of the relevant material vis-a-vis the time of initiation of statutory proceeding for acquisition of the appellants' land. In aftermath, the concurrently placed reliance by both, the Land Acquisition Collector and by the learned Reference Court upon the relevant material is both apt and tenable.