STATE OF H.P. Vs. RIKHI RAM

JUDGEMENT

(1.) The State of Himachal Pradesh, is, aggrieved by the award pronounced by the learned Reference Court, upon, reference petition, bearing Case No. 2 FTC/4 of 2009, wherethrough, the, market value of the acquired land, hence, stood assessed, at, the rate, of, Rs. 25,000/- per biswas, and, on the afore market value, of, the land, the learned reference court bestowed, vis-a-vis, the land put to acquisition, all the, statutorily ordained benefits.

(2.) The Land Acquisition Collector concerned, vis-a-vis, the cultivable land hence had assessed compensation, at, the rate of Rs.1,13,250/- per bigha, and, qua the uncultivable land, he had, assessed compensation, at, the rate of Rs.9,060/- per biswa, (i) and, thereagainst, the reference petition bearing Case No. 2FTC/4 of 2009, stood constituted, by the aggrieved landowners, before the learned Reference Court, and, thereon, the, impugned verdict become rendered. The Land Acquisition collector had made reliance, upon, Ex.RW1/B, exhibit whereof, is, a sale exemplar, appertaining to Village Harthu. However, the reliance made thereon, hence, by the Land Acquisition Collector, became benumbed, under, the impugned award, given the land borne in Ex.RW1/B, occurring remotely, from, the acquired land. Obviously, hence, the, afore reason(s), acquires reinforced vigour, as, Ex.RW1/B, hence, omitted to mete apt satiation, vis-a-vis, the predominant principle, of, proximity, hence occurring, inter se, the, location(s), of, lands, borne in Ex.RW1/B, and, vis-a-vis, the acquired land(s).

(3.) Be that as it may, the learned reference Court, for, assessing compensation amount, vis-a-vis, the aggrieved landowners, had, made dependence, upon, Ex.P-1, a sale exemplar, proven to be validly, and, duly executed, (a) and, also not proven to be carrying any rigged sale transaction, (b) and, the afore made dependence thereon, is, both apt, and, befitting, as, the land borne therein, stands located, within Mohal Dadal, (c) whereupon, vis-a-vis, the lands borne in Ex.P-1, hence, becoming located, at Dadal, render them, to, rather fall within, the, territorial domains, of, the acquired land, (d) and, when hence the imperative principle, of, proximity in location angle, inter se, the sale exemplar, borne in Ex.P1, and, vis-a-vis, the acquired land, becomes rather satiated, thereupon, the meteing of reliance thereon, is, both apt, and, valid.