STATE OF H.P. Vs. GIAN DUTT

JUDGEMENT

(1.) The State of Himachal Pradesh, is, aggrieved by the award pronounced by the learned Reference Court, upon, reference petition No. 19-S/4 of 2011, wherethrough, market value of the acquired land, hence, stood assessed at the rate of Rs.5,176.86 per square meter, irrespective of the kind, and, quality of the land, (a) and, also use and occupation charges, borne in a sum of Rs.1000.00 per biswa were qua therewith determined, commencing, from the year 1997, till the realization of the whole amount, along with, interest at the rate of 6% per annum. 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 learned reference court, for want of adductions therebefore, of, the apposite sale exemplar(s), whereas, when on anvil thereof, rather just and fair compensation, was, assessable qua the acquired land, (i) hence, proceeded to assess a uniform rate of compensation, vis-a-vis, contradistinct categories of acquired land, (ii) and, hence proceeded, to, modify the order of the Collector concerned, wherethrough, rather contradistinct market value(s) hence stood assessed, vis-a-vis, the contradistinct categories of acquired land. The afore uniform rate of compensation, as, assessed, vis-a-vis, the contradistinct categories of land, falls squarely, within the domain of a catena of decisions, rendered by the Hon'ble Apex Court, (iii) whereunder, it is candidly mandated, that, upon, acquisition of lands, for, a common public purpose, the contradistinct categories of lands rather stands eclipsed besides subsumed, (iv) and, also pale(s) into insignificance, and, rather a uniform rate of compensation, is, enjoined to be assessed, vis-a-vis, the contradistinct categories of acquired lands.

(3.) Be that as it may, the learned Reference Court, had also assessed, vis-a-vis, the acquired lands, use and occupation charges, borne in a sum of Rs.1000.00 per biswa, alongwith interest, at the rate of 9% per annum, commencing from the year 1997 till realization thereof. However, (i) the apt notification, wherethrough, the lands, hence, stood put to acquisition, stood issued, in the year 2009, (ii) and, when a catena of decisions, recorded by the Hon'ble Apex Court, make vivid pronouncements, that, assessment of compensation, vis- a-vis, the acquired lands, is, to occur post notification, or in contemporaneity to the lands being put to acquisition, and, nor earlier or (iii) in other words, any utilization of lands, at the pre-notification stage, by the State rather not enjoining, hence, assessment of any compensation in respect thereof, nor enjoining, any, determination of use, and, occupation charges, vis-a-vis, the landowners, and, against the State. Furthermore, thereupon, any determination of use and occupation charges, by the learned reference court, vis-a-vis, the acquired lands, (iv) importantly at and qua the pre-notification stage, hence, was beyond the mandate of the afore settled law, rather was permissibly rearable, only, through a civil suit, instituted by the landowners. Consequently, the award rendered by the learned reference Court, hence, assessing use and occupation charges, quantified at Rs.1000.00 per biswa, and, commencing from the year 1997, along with interest at the rate of 6% per annum, till realization, thereof hence is interfered with.