H P HOUSING BOARD Vs. BHARAT S NEGI

JUDGEMENT

(1.) These Appeals are against the Judgment of the High Court dated 31st March, 1998.

(2.) Briefly stated the facts are as follows : Approximately 53.12 bighas of land in Tehsil Rohru, District Shimla, Himachal Pradesh was acquired for the purpose of constructing a social housing colony. The said acquisition was pursuant to a Section 4 Notification dated 15th July, 1989. The Land Acquisition Officer passed an Award fixing the compensation at Rs. 40,000/- per bigha. Being dissatisfied the Claimants filed references.

(3.) The Reference Court, by its Judgment dated 14th August, 1996, fixed compensation at Rs. 1, 11,660/- per bigha. The Reference Court so fixed the compensation by taking into consideration 5 sale instances proved by the Claimants/Respondents and 2 sale instances proved by the Appellants. The Reference Court averaged the price of all the sale instances and arrived at the above mentioned figure. It must be mentioned that it was shown to the Reference Court that all the sale instances proved by the Claimants pertained to land which was Kiar Awal (irrigated land), whereas the acquired land was Bakhal Awal (non-irrigated land). The Reference Court held that this made no difference as all the lands were acquired for housing purposes and they were all suitable for and acquired for construction activity. The Reference Court also refused to give any deductions for largeness of the land.