State of Rajasthan vs Pat Ram

Vineet Kothari, J.—These three civil misc. appeals filed by the appellant-State, against the order dated 07.02.2013 passed by the learned court below of Additional District Judge, Bhadra, are being disposed of by this common order.

The appellant-State has filed the present batch of appeals being aggrieved by the impugned order of learned Additional District Judge, Bhadra, dated 07.02.2013, by which on a reference under Section 18 of the Land Acquisition Act, 1894 being made to the court for enhancement of the compensation for land acquired of the applicants, the learned court below has enhanced the compensation from Rs. 18,000/- per Bigha fixed by the Land Acquisition Officer vide its order dated 23.07.1997 to Rs. 21,000/- per Bigha on the basis of copies of registered sale-deeds produced by the applicant(s)/land-holders of the land adjacent to the land in question which has been acquired by the State for construction of canal, through the land of the same village and in the nearby area, where such rate was Rs. 20,000/- to 25,000/- per Bigha was prevailing. The relevant findings of the learned court below in the impugned order while deciding the Issue Nos. 1 and 2 are quoted herein below for ready reference:--

The respondents/land-holders have not filed any cross appeal for further enhancement of the compensation @ Rs. 21,000/- per Bigha for the acquisition in question. The acquisition was directed vide the Notification under Section 4 of the Land Acquisition Act on 15.04.1991 in village, Ajeetpura, Tehsil: Bhadra. The sale-deeds produced by the land holders were of village Suratpura for which the rate was fixed at Rs. 20,000/- per Bigha in the said village.

The learned Additional Government Counsel Mr. S.M. Toshniwal appearing for the appellant-State submitted that the learned court below has erred in enhancing the compensation as the same is on excessive side and, therefore, the present appeals of the State deserve to be allowed.

Per contra, learned counsel for the respondent (land holders) submitted that the enhancement is based on relevant evidence for the sale-deeds executed in the nearby villages and even of the same village and he relied upon the judgment of Hon''ble Apex Court in the case of The General Manager, Oil and Natural Gas Corporation Ltd. Vs. Rameshbhai Jivanbhai Patel and Another, and in the case of Mahesh Dattatray Thirthkar Vs. State of Maharashtra, and submitted that the judgment and order passed by the learned court below calls for no interference by this Court in the present appeals filed by the State.

Having heard the learned counsel for the parties, this Court is satisfied that the enhancement given by the learned trial court enhancing the compensation from Rs. 18,000/- to Rs. 21,000/- per Bigha is perfectly justified, which is based on relevant evidence adduced by the land-holders and no contra evidence was every produced by the appellant to take different view of the matter.

In this view of the matter, the present civil misc. appeals of the State, are found to be bereft of any force and the same hereby dismissed with no orders as to costs. A copy of this order be sent to the concerned parties and the court below forthwith.