ABHINASH CHAND & ORS. Vs. STATE OF H.P.& ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 3268-3269 of 2011, Judgment Date: Mar 02, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOS. 3268-3269 OF 2011

ABHINASH CHAND & ORS.                                         Appellant(s)

                                VERSUS

STATE OF HIMACHAL PRADESH & ORS.                             Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    An extent of 51 marlas of land was acquired by  the  first  respondent
for the  purpose  of  Railways.   The  Land  Acquisition  Collector  awarded
compensation of Rs. 1050 per marla against the claim  of  Rs.6,000/-     per
marla made by the appellants.
2.    Dissatisfied,  the  appellants  approached  the  Reference  Court  and
taking  note  of  the  average  of  three  exhibitables  provided   by   the
appellants, the value was fixed at Rs. 7,900/- per marla.
3.    Having heard the learned counsel appearing for the appellants and  Mr.
R. S. Suri, learned senior  counsel  appearing  for  the  Railways  and  the
learned counsel appearing for the State of Himachal Pradesh, we are  of  the
view that the Reference Court was not justified  in  ignoring  the  document
dated 10.07.1984, wherein the land value had been fixed at Rs.  9,000/-  per
marla.  The Reference Court itself has taken note of the potential value  of
the land, since it is situated  near  to  the  District  Hospital.   We  are
informed that the acquired land has since been  included  in  the  Municipal
limits.  Since Section 4(1) notification was of  the  year  27.12.1985,  the
appellants shall also be entitled to more than 10% increase.
4.    Having regard to the entire facts and circumstances of  the  case,  we
are of the view that the interest of  justice  would  be  advanced  and  the
statutory requirements would also be met if  the  land  value  is  fixed  at
least at Rs. 10,000/- per marla.
5.    The appeals are, accordingly, allowed by fixing the land value at  Rs.
10,000/- per marla.
6.    The appellants shall also be entitled to all the  statutory  benefits.

      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      March 02, 2016.