The State of U.P., now Uttaranchal vs Smt. Shakooran

Rajesh Tandon, J.—Heard Standing Counsel for the State and Sri V.K. Kohli, Sr. Advocate assisted by Sri LP. Kohli, counsel for the respondents.

By the present appeal filed u/s 54 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 24.9.2001 passed by the Addl. District Judge (Fast Track Court), Tehri Garhwal in Land Acquisition Reference No. 1 of 1998 Smt. Shakooran v. The State of U.P., through Collector, Tehri Garhwal.

Briefly stated, present appeal arises out of the judgment and award dated 24.9.2001 passed by the Addl. District Judge (Fast Track Court), Tehri Garhwal in Land Acquisition Reference No. 1 of 1998 Smt. Shakooran v. the State of U.P., through Collector, Tehri Garhwal whereby enhanced compensation of Rs. 61,180/- was awarded to the claimant apart from what she has already received.

Aggrieved by the said judgment and award die State has come up before this Court in Appeal.

First Appeals No. 2 and 3 of 2002 were also connected with the present First Appeal. Both the first appeals were allowed on 21st May, 2005 by the Division Bench of this Court. Present appeal is also covered by the judgment passed in those first appeals. The observations are quoted below:

By the above narration of the finding of the learned Reference Court, it is apparent that the Reference Court enhanced the rate of compensation from Rs. 5.41 per sq. ft. to Rs. 30/-without recording convincing finding. The Reference Court should have found independently as to how the cases of Lakhi Ram Sarmalty, Trilck Singh and Krishnanand are analogous and the land in all the cases was similar in nature, potentially etc. As mentioned earlier the land under acquisition was acquired for construction of Tehri Dam Lake. It is pertinent to mention here that this Court vide judgment dated 27-9-2004 passed in First Appeal No. 1089 of 2001 State v. Paripurna Nand and Ors. remanded the case to the Reference Court for determination of market value of the land under acquisition. In that case, the land of ward No. 4 of village Tehri Town was acquired for construction of Tehri Dam Lake. In the present case land acquired belong to ward No. 3 of the same village. On this ground also, it is a case fit for remand to the reference Court for recording a finding fresh so far as it relates to the market value of the land @ Rs. 30/= per sq.ft. However, rest of the findings recorded by the Reference Court require no interference by this Court.

No other point was urged for argued before us.

In the result, both the appeals are partly allowed. The findings of the learned Reference Court in the impugned awards dated 4-10-2004 and 24-9-2001 respectively are set aside, so far as it relates to the market price of the land acquired. The findings of the Reference Court on other matters/issues shall remain undisturbed. The cases are remanded to the learned Reference Court to reconsider the matter in the light of the observations made in the body of the judgment and in accordance with law. No order as to costs.

The amount, if any, paid to claimants shall not be recovered till the decision of the reference and amount deposit by the appellant shall also not be refunded to the appellant till the decision of reference.

Present appeal is squarely covered by the judgment passed in First Appeal No. 2 and 3 of 2002. Appeal is partly allowed. No order as to costs.