Allowed

Jagdish Chand v. State of Hp

Himachal Pradesh HC24 Aug 2017CWP/784/2017

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh held that a supplementary award under the Land Acquisition Act, 1894, which was not the result of negotiation, still qualifies as a negotiated award under Section 24 of the RFLA, 2013. The Court dismissed the Collector's rejection. It quashed the impugned order and directed the Collector to decide the reference petition within six months.

What did the court decide?

Quashed of the impugned order dated 5th November, 2016, and direction to the Land Acquisition Collector to decide the reference petition centrally within six months.

Jagdish Chand Vs State of Hp — Land Acquisition | Himachal Pradesh HC (2017)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

CWP No.784 of 2017 Date of decision: 24.08.2017

¶3

Jagdish Chand ..Petitioner

¶4

Versus

¶5

State of H.P. & another . Respondents

¶6

Coram:

¶7

The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon’ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?

¶8

For the petitioner:

¶9

Mr.V.D. Khidtta, Advocate.

¶10

For the respondents: Mr.Shrawan Dogra, Advocate General, with Mr.Anup Rattan, Mr.Romesh Verma, Additional Advocate Generals and Mr.J.K. Verma, Deputy Advocate General.

¶11

¶12

Sanjay Karol, Acting Chief Justice (oral)

¶13

On 3^rd August, 2017, this Court recorded the

¶14

statement of learned Advocate General to the following

¶15

effect:

¶16

“Learned Advocate General fairly states that supplementary award dated 27.6.2013, so passed by the Collector Land Acquisition (respondent No.3), cannot be termed to be a negotiated award, for there is nothing in the record to substantiate such fact. Further, with respect to the other land so acquired pursuant to initiation of acquisition proceedings, at that point of time, parties had negotiated and accordingly, award was passed in terms thereof. But, the instant award though termed as negotiated supplementary award, pertaining to different khasra

¶17

¶18

numbers, is not based on any negotiations, which took place prior to the passing of the award.

¶19

Adjourned.

¶20

List on 24.8.2017.”

¶21

We are persuaded by the submission made by the learned Advocate General that the award, even though not negotiated but nonetheless is an award passed under the provisions of the Land Acquisition Act, 1894 (for short, the “Acquisition Act”) so as to fall within the meaning of sub clause (b) of sub section (1) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and as such, the authority below wrongly dismissed the reference petition so filed by the petitioner under the provisions of Section 18 of the Acquisition Act.

¶22

In our considered view, learned Land Acquisition Collector wrongly rejected the reference petition by not fully appreciating the material and correctly applying the provisions of law.

¶23

As such, we quash and set aside the impugned order dated 5^th November, 2016 (Annexure P-4), so passed by Land Acquisition Collector H.P.P.W.D. (S.Z.), Winter Field, Shimla-3, with a further direction to the said authority to decide the reference petition, in accordance with law,

¶24

¶25

expeditiously and preferably within a period of six months from the date of production of certified copy of this order.

¶26

We direct the parties to appear before the

¶27

authority below on 7^th September, 2017.

¶28

In view of the above, present petition stands disposed of alongwith pending application(s), if any.

¶29

( Sanjay Karol ) Acting Chief Justice

¶30

August 24, 2017 (vt)

¶31

( Sandeep Sharma ) Judge

Jagdish Chand v. State of Hp

Case brief

What is this about?

What did the court decide?

Jagdish Chand v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Hp Vs Kulvinder Singh

State of Hp Vs Mahanti Devi and Another

Praveen Kumar Vs State of Hp

Jagir Singh Vs State of Hp

Ms Sunrise Hotel Vs State Bank of India

Rekha Vs State of Hp