RAM PIARI Vs. LAND ACQUISITION COLLECTOR SOLAN

JUDGEMENT

(1.) Leave granted in SLP (C) Nos. 18543-45, 19947-49, 18644 and 18646 of 1995.

(2.) Notification under Section 4 (1) of the Land Acquisition Act, 1984 (for short, the 'Act') was published on 3-9-1973 acquiring 863 bighas of land situated in villages Gumma, Kamli, Dangyar and Abota in Parwanoo township. The award under Section 11 was made by the Collector on 14-7-1977. He determined the compensation at varying rates between Rs. 14, 195/- per bigha and Rs. 500/- per bigha for lands classified into seven categories. On reference under Section 18, the District Judge, Solan by award and decree dated 15-5-1991 uniformly awarded compensation at the uniform rate of Rs, 14,195/- bigha. In Civil Appeal Nos. 8274-83 of 1985. acquisition was made in 1976 but the lands were left out from 1973 notification. On November 9, 1978, the Land Acquisition Collector awarded compensation similar to compensation awarded for 1973 acquisitions. Taking into consideration the trend in appreciation of land prices, the District Judge vide award dated May 23, 1991 awarded common price for all categories of land, i. e., Rs. 24,000/- per bigha. On appeal by the State and cross appeals by the claimants, the High Court by judgment and order dated 4-5-1995 reduced the compensation to the uniform rate of Rs. 7,100/- per bigha, Dissatisfied with the reduction, the claimants have filed these appeals by special leave.

(3.) This Court issued notice dated 28-8-1995 confined to the correctness of the order of the High Court with respect to first two categories of lands, namely, Kuhal land for which the Land Acquisition Officer awarded a sum of Rs. 14.195/- per bigha and Katuhal land for which a sum of Rs. 9,425/- has been awarded. In earlier cases, notice was not confined to the above aspects but leave was granted. Thus all these appeals have been posted together for disposal.