RIICO LTD Vs. DEVKARAN SINGH & ORS

JUDGEMENT

(1.) The present appeal has been filed by the appellant-company, under Section 54 of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred to as 'the Act') challenging the award dated 07.02.1998 passed by the Civil Judge (Senior Division) and Chief Judicial Magistrate, Alwar (hereinafter referred to as 'the Reference court') in Reference Case No.9/1982, whereby the Reference court has awarded the compensation to the respondents-claimants at the rate of Rs.18,000/- per bigha for the lands acquired by the respondent No.3 the State of Rajasthan under the provisions contained in the Act.

(2.) In the instant case, it appears that the State of Rajasthan, at the recommendations made by the appellant-company, had issued the notification dated 21.05.1981 under Section 4 of the Act declaring its intention to acquire the lands including the part of khasra No.166, belonging to the respondent No.1. Subsequently, the notification under Section 6 of the Act was also issued by the respondent- State and after following procedure under the Act, the Land Acquisition Officer, Alwar vide the award dated 17.08.1981 awarded the compensation at the rate of Rs.6500/- per bigha. Being dissatisfied with the compensation determined by the Land Acquisition Officer, the respondent No.1 made an application seeking reference under Section 18, of the Act to the Civil Court. Accordingly the Land Acquisition Officer, Alwar made a reference, which was registered as the Reference Case No.9/1982. The Reference court decided the said Reference on 19.07.1989, awarding the compensation at the rate of Rs.12,000/- per bigha with interest and solatium as per the provisions contained in the Act. Being aggrieved by the said award, the respondent No.1 had filed the appeal being No.963/1996 seeking enhancement of the said amount of compensation awarded by the Reference court, and the appellant had also filed the cross objections against the said award passed by the Reference court. Similar Appeals and corss objections were also filed against the similar awards passed by the Reference court. The High Court after considering the said appeals and the cross-objections, vide the common order dated 07.08.1997, set aside the awards made by the reference court on 19.07.1989 and remanded the matters to the Reference court for deciding them afresh after affording an opportunity to the parties to lead the evidence. The Reference court, thereafter considering the evidence on record, passed the award dated 07.02.1998 enhancing the compensation to the tune of Rs.18,000/- per bigha with interest and solatium as mentioned therein. Being aggrieved by the said award, the present appeal has been preferred by the appellant. Similar Appeals have also been filed by the other claimants-appellants, registered as the SBCMA Nos.814/1998 and 815/1998. The said Appeals are also being disposed of by separate orders.

(3.) Mr. A.K. Sharma, Senior Counsel appearing with Mr. V.K. Sharma, for the appellant has submitted that though the Reference court was directed to grant opportunity to the appellant to lead the evidence, the concerned officers of the appellant could not remain present before the Reference court due to their engagement in the election duty. According to Mr. Sharma, the award has been made by the Reference court on extraneous consideration and that too on a very higher side. However, the learned counsel appearing on behalf of the respondent No.1 has drawn the attention of the Court to the documents on record including the order dated 01.07.1997 passed by this Court in Civil Appeal No.147/1996 (Nirmala Devi & Another vs. RIICO Ltd. & Ors.) wherein the High Court in respect of other lands under the said notification under Section 4 of the Act had enhanced the compensation from Rs.12,000/- to Rs.18,000/- per bigha. According to him, the said order, having not been challenged by the appellant before the higher forum, had attained the finality, and the Reference court has also relied upon the said order passed by the High Court, while awarding the compensation at the rate of Rs.18,000/- per bigha.