Quashed

State of Hp v. Kishan Chand

Himachal Pradesh HC3 Aug 2018RFA/4227/2013

Case brief

AI extract

What is this about?

The High Court of Himanchal Pradesh quashed and set aside an award in concurrent land acquisition reference petitions dated 01.12.2012. The court held that the award was devoid of reasoning, evidenced by mere reproduction of apex court judgments without deriving market value from evidence on record, and lacked any evidentiary support.

What did the court decide?

Impugned award dated 01.12.2012 quashed; reference petitions revived; directions to decide within six months based on existing record without additional evidence.

State of Hp Vs Kishan Chand — Land Acquisition | Himachal Pradesh HC (2018)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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RFA No. 4171 of 2013 alongwith connected appeals

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Date of Decision: 03.08.2018 1. RFA No.4171 of 2013 & CO No.73 of 2018

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State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Bhagawan Dass ..Respondent. 2. RFA No.156 of 2015 State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Gian Chand & others ..Respondents. 3. RFA No.215 of 2017 State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Devender Kumar & others ..Respondents. 4. RFA No.244 of 2015 State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Chet Ram & others ..Respondents. 5. RFA No.307 of 2015 State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Khem Singh (deceased) through LRs Smt.Ram Dei & others ..Respondents.

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RFA No.363 of 2014 State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Khem Singh (deceased) through LRs Smt.Ram Dei & others ..Respondents. 7. RFA No.4222 of 2013

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State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Hans Raj & others ..Respondents. 8. RFA No.4223 of 2013

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State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Dometi Devi & others ..Respondents.

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RFA No.4224 of 2013

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State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Dharam Singh & others ..Respondents. 10. RFA No.4225 of 2013 & CO No.74 of 2018

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State of H.P. through the District Collector, Mandi, H.P. & others …Appellants.

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Versus

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Rabal Singh ..Respondent. 11. RFA No.4226 of 2013

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State of H.P. through the District Collector, Mandi, H.P. & others …Appellants.

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Versus

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Kishan Chand & others ..Respondents.

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RFA No.4227of 2013

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State of H.P. through the District Collector, Mandi, H.P. & others …Appellants. Versus Kishan Chand & others ..Respondents. 13. RFA No.4228 of 2013 & CO No.75 of 2018 State of H.P. through the District Collector, Mandi, H.P. & others …Appellants.

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Versus Hem Raj & another ..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/Non cross-objector. For the Respondents: Mr. O.C.Sharma, Advocate, for the respondents/Cross-objectors

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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), the beneficiary(ies) of the acquisition proceedings have assailed the award dated 01.12.2012, passed by learned Additional District Judge (Fast Track Court), Mandi, H.P., in Reference Petition No.1 of 2008, titled as Bhagwan Dass vs. State of H.P. through District Collector, Mandi & others,

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1 Whether reporters of the local papers may be allowed to see the judgment?

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alongwith other connected matters. In some of the appeals, claimants have filed the cross-objections.

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For public purpose, namely, construction of Sundernagar-Dharanda-Palahi road, in village Merajeetpur, Tehsil Sadar, District Mandi, H.P., acquisition proceedings commenced with the publication of notification under Section 4 of the Act in the official gazette on 11.03.2005. The Collector Land Acquisition passed his award No.23, dated 20.09.2006, awarding compensation ranging from 16,647/per bigha to 66,589/- per bigha, category and classification wise. In terms of the award passed by the Collector Land Acquisition, the total land acquired is 6-2-10 bighas, situate in village Merajeetpur, Tehsil Sadar, District Mandi, H.P.

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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 01.12.2012, in terms whereof, the market value of the acquired land stands re-determined @ `55,000/- per bigha, on uniform basis, irrespective of the classification and category of land.

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It is a common case of the parties that respective evidence, ocular and documentary, led by the parties, stand completely ignored by the Reference Court, while re-

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determining the market value. Also what is the basis on which the market value stands re-determined @`55,000/- per bigha, is not supported by any evidence on record. Learned counsel point out that judgment is nothing but mere reproduction of the judgments of the Apex Court bereft of any reasoning.

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As such, as jointly prayed for, the impugned award dated 01.12.2012, passed by learned Additional District Judge (Fast Track Court), Mandi, H.P., in Reference Petition No.1 of 2008, titled as Bhagwan Dass vs. State of H.P. through District Collector, Mandi & others, alongwith other connected matters, is quashed and set aside with the Reference Petitions being revived and further direction to the Reference Court to decide the same, in accordance with law.

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Parties undertake to appear before the Reference Court on 06.09.2018. No additional evidence shall be allowed to be led by the parties and the matters shall be decided on the basis of material already on record. Since the acquisition proceedings pertain to the year 2005, as such, the Reference Court, shall decide the same expeditiously and preferably within a period of six months.

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In view of the above, present appeals as also the cross-objections stand disposed of, so also pending

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application(s), if any.

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August 3, 2018 (Purohit/PK)

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(Sanjay Karol), Acting Chief Justice.

State of Hp v. Kishan Chand

Case brief

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State of Hp v. Kishan Chand

Case brief

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