Dismissed

State of Hp v. Ganeshu Devi

Himachal Pradesh HC30 Mar 2017RFA/444/2015

Case brief

AI extract

What is this about?

The High Court affirmed the reference court's award determining market value by averaging the Collector's rates, citing precedent. The appeal was dismissed, and a connected money release application was allowed upon furnishing of share-holding affidavits.

What did the court decide?

Appeal dismissed; connected application for release of amount allowed subject to affidavit of share-holding.

State of Hp Vs Ganeshu Devi — Land Acquisition | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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RFA No.444/2015 Decided on : March 30, 2017

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State of Himachal Pradesh and another

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…. Appellants

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Versus

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Smt. Ganeshu Devi and another

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…. Respondents

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The Hon’ble Mr. Justice Sanjay Karol, Judge.

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Whether approved for reporting? 1 No.

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For the Appellants : Mr. R.S. Verma and Mr. M.L. Chauhan, Addl. A.Gs. for State.

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For the Respondents : Kr. Bhupinder Singh and Mr. B.C. Verma, Advocates.

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Sanjay Karol, J . (oral)

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RFA No.444/2015

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The total extent of land acquired is 121.61 Sqmts. The Collector Land Acquisition determined the market value ranging from 3,17,551.69 to 15,71,888.03 per Bigha. It is not in dispute that the acquisition proceedings came to be commenced with the publication of notification under Sub Section (1) and (4) of Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’). However, Collector

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Whether reporters of Local Papers may be allowed to see the judgment?

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Land Acquisition passed his award on 17.4.2004. It is also not in dispute that the entire land stands utilized for public purpose namely construction of “Sewerage Network Pipe Line” for Shimla town.

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In terms of the impugned award, Reference Court, in a petition filed by the claimant, has re-determined the market value by taking an average of the value so determined by the District Collector, in terms of the Collector’s award. The market value stands determined @ 9,80,000/- per Bigha (49,000/- per Bishwa), on uniform basis by taking the means of the rates so determined (supra). There is no illegality with regard to the same, hence, the impugned award dated 30.6.2014, passed by Additional District Judge-I, Shimla, H.P., in LAC Petition No.14-S/4 of 2006, titled as Smt. Ganeshu Devi and another vs. State of H.P. and another, needs to be affirmed, more so in the light of the decision rendered by this Court in Executive Engineer and another vs. Dilla Ram Latest HLJ 2008 (HP) 1007 and Land Acquisition Collector vs. Puran Ram Latest HLJ 2008 (HP) 660 , which stands considered by the Reference Court and the ratio correctly applied in Para-22 of the judgment. Ordered accordingly.

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In view of the aforesaid observations, present appeal, devoid of merits, is dismissed.

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CMP No.8702/2016

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This is an application on behalf of respondent No.2 for release of the amount in his favour. Learned counsel for the non-applicant has no objection for release of the amount. As such, application is allowed and amount falling to the share of the applicant, alongwith up-to-date interest, is directed to be released in his favour. The amount be remitted directly into the bank account as per particulars mentioned in the application. If the applicant has already not disclosed, he shall file an affidavit, disclosing the entire share-holding and the proportionate share to which he is entitled to. Upon furnishing of such affidavit, entire amount falling to the share of the applicant is directed to be released in his favour.

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Application stands disposed of.

State of Hp v. Ganeshu Devi

Case brief

What is this about?

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State of Hp v. Ganeshu Devi

Case brief

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What did the court decide?

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