In a first appeal against an award under the Land Acquisition Act, 1894, the High Court upheld the lower court's enhancement of compensation for land and loss of fruit trees, rejecting the State's challenge based on proximity to National Agriculture College and market rates.
The appeal was dismissed and the award of compensation affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RFA No. 52 of 2008.
Reserved on: 17.11.2015. Decided on: 18.11.2015.
State of Himachal Pradesh & ors. ……Appellants. Versus Beli Ram & ors. …….Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting? Yes. For the appellant(s): Mr. Parmod Thakur, Addl. AG. For the respondents: Mr. G.S.Rathore, Advocate for respondents No. 1 to 4.
---------------------------------------------------------------------------------------------- Justice Rajiv Sharma, J.
This regular first appeal is directed against the award of the learned Addl. District Judge, Shimla, H.P. dated 24.9.2007, passed in Land Ref. No. 42-R/4 of 2004/99.
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the Rajpatra on 12.4.1997 and in two newspapers i.e. Indian Express and Weekly Giri Raj on 14.7.1997. The copies of the declaration under Section 6 & 7 of the Act were got delivered amongst the interested holders of the village through Tehsildar concerned on 7.5.1997. Notices under Section 9 of the Act were issued to the interested holders on 1.10.1997 requiring them to appear before the Land Acquisition Officer on 17.10.1997 at Camp Rest House, Rohroo at 11:00 AM. The Land Acquisition Collector awarded a sum of Rs. 500 per bighas alongwith the statutory benefits vide award dated 24.11.1997. 3. The respondents filed petition under Section 18 of the Act for enhancement of compensation. According to them, the acquired land was part and parcel of Rohroo town. Modern facilities like road, education, medical, telephone, electricity, college etc. were available near the vicinity of the acquired land. There is sub-station of HPSEB, HP PWD workshop, water lifting station, Settlement Office, Office of the Excise and Taxation Officer within the radius of half kilometer of the land acquired. It was near Seema Rohru road. The value of the land at the time of notification was more than Rs. 12 lacs per bigha. The land was very fertile and orchard also existed thereupon. They claimed Rs. 15 lacs per bigha instead of Rs. 500/- per bighas as awarded by the Land Acquisition Collector. They also sought compensation of Rs. 3 lacs on account of loss of fruit bearing trees. 4. The petition was allowed by the learned Addl. District Judge, Shimla on 24.9.2007. He assessed the market value of the land at Rs. 6000/- per biswa. In addition, the land holders were also held entitled to a
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sum of Rs. 3,28,070/- on account of the value of fruit trees which existed on the land so acquired. Hence, this petition at the instance of the State.
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apple orchard over the same. Their land was bifurcated into two blocks. PW8 Hem Singh has proved sale deed Ext. PW-6/C.
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November 18, 2015, ( Rajiv Sharma ), (karan) Judge.
2 issues framed by the court
Whether the compensation awarded by the court below for the land and fruit trees was erroneous?
Whether the Assessing Officer correctly assessed the market value of the land given its proximity to urban facilities?
Colour shows how this judgement treated each authority
Ramesh Chand and others vrs. Land Acquisition CollectorRelied on¶9
Latest HLJ 2003 (HP) 977
2 provisions across 1 enactments
State of Himachal Pradesh & ors.
Beli Ram & ors.
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
