STATE OF H.P. Vs. ABNASH CHANDER MEHRA

JUDGEMENT

(1.) The State of Himachal Pradesh, is, aggrieved by the award pronounced by the learned Reference Court, upon, reference petition No. 3FTC/4 of 2008, wherethrough, compensation amount, borne in a sum of Rs.4000/- per square meter stood assessed, vis-a-vis, the lands, of, the respondents herein, and, all the statutory benefits, were, also ordered to be added thereon.

(2.) The landlowners' lands, were validly acquired, rather for construction of Kather Bye Pass road, and, during the pendency of the land reference petition, before the learned reference Court, sale deeds respectively borne, in Ex.PW1/C, to, Ex.PW1/G, and, in Ex.R-1 and Ex. R-2, were tendered into evidence, (i) each comprising hence valid, and, reckonable sale exemplars, and, theirs purveying facilitation, to the learned reference Court, to, on their anvil, hence, adjudge just, fair, and, reasonable compensation, vis-a-vis, the acquired lands. However, the learned reference Court appears, not to assign any merit thereto, rather appears, to, on anvil of an award rendered, on 17.3.2008, upon, Reference Petition No. 9-S/4 of 2006, by the learned District Judge, Solan, (ii) award whereof appertains, to the acquisition of land situated at Basal Patti Kather, District Solan, H.P., and, whereunder market value, of, therein acquired land stood assessed at Rs.4000/- per square meter, and, hence, in tandem therewith, rather , assess compensation, vis-a-vis, the acquired lands hereat. The previous award, borne in Ex.PW1/B, appertains to a notification issued under Section 4, of the Land Acquisition Act, on 4.6.2005, and, the award hereat, was made by the land acquisition Collector, and, subsequently by the Reference Court, in respect, of, a notification, issued on 22.9.2005, (iii) and, when hence there is proximity in respect of issuance, of, the afore respective notification(s), under Section 4, of, the Land Acquisition Act, for, hence bringing therethroughs rather acquisition, of, lands of the landowners, (iv) and, when the purpose of acquisition, is common inter se the notification issued, in respect whereof, Ex.PW1/B was pronounced, and, vis-a-vis, the lands hereat, (v) and, when the learned Deputy Advocate General, has not been, able to bring forth, any potent evidence, personificatory qua placing, of, reliance thereon being misfounded, (vi) given the lands hereat not bearing proximity in location, vis-a-vis, the lands borne in Ex.PW1/B, (vii) and, the notification in respect whereof Ex.PW1/B, stood rendered also not holding proximity, in time, vis-a-vis, the notification issued, for hence bringing therethroughs, to, acquisition, the lands of the landowners hereat, (viii) and, rather when, for the reasons aforestated, when close proximity, in timing occurs inter se the issuance, of, notification, in respect whereof, award borne in Ex.PW1/B stood rendered, vis-a-vis, the issuance, of, the extant notification, thereupon, the reliance placed by the learned reference Court, upon, Ex. PW1/B, is, both meritworthy, and, sagacious.

(3.) The plea of the cross-objectors, with respect, to taking of possession, of, their land for construction, of the road, in the year 1985, stands averred in the petition, and, is also testified by the petitioner/cross-objector, in his testification. The afore averment is not denied by the respondents. In their reply to the petition, they have admitted qua the possession of the land of the petitioner being taken in the year 1985. Consequently, the plea of the respondent/cross-objector qua taking of possession of land of the petitioner, for construction of the road, in the year 1985, hence is, cogently proven. Admittedly, notification under Section 4 of the Act was published, on 24.9.2005, and, the land acquisition collector or the learned reference court, has not awarded, any rent or damages, for utilization of land of the respondent/cross-objector, since the year 1985 till 24.9.2005. Consequently, damages were required to be determined by the land Acquisition Collector, at the time of announcing, of, award, qua compensation amount.