Quashed

Land Acuisition Collector v. Dharminder Singh

Himachal Pradesh HC3 Aug 2018RFA/3/2016

Case brief

AI extract

What is this about?

Appeals against a land reference award were filed regarding valuation of acquired land for the Shah Nehar Project. The court quashed the award for lack of reasoning on valuation and renewed petitions, directing the Reference Court to decide within three months.

What did the court decide?

Impugned award dated 29.04.2014 is quashed, Reference Petitions revived, and matter remanded to Reference Court with direction to decide within three months by assigning reasons.

Land Acuisition Collector Vs Dharminder Singh — Land Acquisition | Himachal Pradesh HC (2018)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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RFA No. 114 of 2015 alongwith connected appeals

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Date of Decision: 03.08.2018

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1. RFA No.114 of 2015

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Sh.Prakash Chand ..Respondent.

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RFA No.115 of 2015

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Sh.Sawaran Singh ..Respondent.

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RFA No.116 of 2015

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Sh.Balbir Singh ..Respondent. 4. RFA No.117 of 2015 The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant. Versus Randhir Singh ..Respondent.

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5. RFA No.118 of 2015

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant. Versus Sito Devi ..Respondent. 6. RFA No.119 of 2015 The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Kuldeep Singh ..Respondent. 7. RFA No.120 of 2015

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Saroop Singh ..Respondent. 8. RFA No.121 of 2015 The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Mohinder Singh ..Respondent. 9. RFA No.122 of 2015 The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Prem Singh & another ..Respondents.

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RFA No.123 of 2015

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant. Versus Durga Dass ..Respondent. 11. RFA No.3 of 2016

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Dharminder Singh ..Respondent. 12. RFA No.399 of 2015

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The Land Acquisition Collector, Shahnehar, Fatehpur, Tehsil Fatehpur, District Kangra, H.P. …Appellant.

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Versus

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Chain Singh (deceased) through LRs Sanjeev Kumar & others ..Respondents. Coram:

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The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?¹ No.

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For the Appellant: Mr. Ashok Sharma, Advocate General, with Mr.Adarsh Sharma, Additional Advocate General & Ms.Svaneel Jaswal, Deputy Advocate General, for the appellant-State. For the Respondents: Mr. R.K.Sharma, Sr.Advocate with Mr.Surinder K.Sharma, Advocate, for the respondent(s).

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Sanjay Karol, ACJ (Oral)

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In these appeals, so filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), 1 Whether reporters of the local papers may be allowed to see the judgment?

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the beneficiary(ies) of the acquisition proceedings have assailed the award dated 29.04.2014, passed by learned Additional District Judge-II, Kangra at Dharamshala, H.P. (Camp at Jawali), in Reference Petition RBT No.104-J/13/2010, titled as Babu Ram vs. Land Acquisition Collector, Shah Nehar Project, Fatehpur, District Kangra, H.P., alongwith other connected matters.

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Undisputedly claimants’ land situate in Village Butt, Tehsil Jawali, District Kangra, H.P., came to be acquired for public purpose, namely, construction of Shah Nehar Project. Acquisition proceedings commenced with the publication of notification issued under Section 4 of the Act on 18.03.2006. The Collector Land Acquisition passed his award No.14, dated 29.11.2006. It is a matter of record that market value of the acquired land came to be assessed at different rates ranging from 2,93,977/- to 20,15,844/- per hactere, classification/category wise. The total land acquired is 0-7433 hecatere. Aggrieved thereof, claimants filed land reference petition under Section 18 of the Act, seeking re-determination of the market value of the acquired land, which stands decided in terms of impugned award dated 29.04.2014, in terms whereof, the market value of the acquired land stands

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re-determined @ `23,50,000/- per hectare, on uniform basis, irrespective of the classification and category of land.

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From the reasoning assigned by the Reference Court it cannot be, even remotely, inferred as to on what basis the market value stood re-determined and quantified @ `23,50,000/- per hectare. If the sale deed produced by the claimants was to be considered the market value would be in crores. But then also, there is no discussion for not considering the same. Findings of fact have to be returned by the Reference Court first. As such, on this short ground alone, as jointly prayed for, impugned award dated 29.04.2014, passed by learned Additional District Judge-II, Kangra at Dharamshala, H.P. (Camp at Jawali), in Reference Petition RBT No.104-J/13/2010, titled as Babu Ram vs. Land Acquisition Collector, Shah Nehar Project, Fatehpur, District Kangra, H.P., alongwith other connected matters, is quashed and set aside with the Reference Petitions being revived and remanded back with directions to the Reference Court to consider and decide the same, in accordance with law, by assigning reasons, expeditiously and preferably within a period of three months.

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Parties undertake to appear before the Reference Court on 06.09.2018. As mutually agreed, no additional

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evidence shall be allowed to be led by the parties and the matters shall be heard and decided on the basis of material already available on record.

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Appeals stand disposed of accordingly, as also the

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pending applications, if any.

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August 3, 2018 (Purohit/PK)

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(Sanjay Karol), Acting Chief Justice.

Land Acuisition Collector v. Dharminder Singh

Case brief

What is this about?

What did the court decide?

Land Acuisition Collector v. Dharminder Singh

Case brief

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What did the court decide?

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