INDIAN OIL CORPORATION THROUGH SH. R.K. SINHA, SR. DIVISIONAL RETAIL SALES MANAGER Vs. SHRI HARISH CHANDRA S/O LATE SHRI SUKHRAM

JUDGEMENT

(1.) SINCE both the appeals have arisen out of the judgment and decree dated 4 -10 -2008 passed by the District Judge, Dehradun in Land Acquisition Reference No. 185 of 2005 Harish Chandra and Ors. v. Collector Dehradun and Anr. therefore, for the sake of convenience, both the appeals are being decided by this common order.

(2.) BOTH the appeals under Section 54 of the Land Acquisition Act (for short the Act) are directed against the judgment and decree dated 4 -10 -2008 passed by the District Judge, Dehradun, in Land Acquisition Reference No 185 of 2005 Harish Chandra and Ors. v. Collector Dehradun and Anr. whereby the learned Reference Court has awarded compensation of land under acquisition @ Rs. 3,000/ - per sq.mt. and also awarded compensation towards cost of construction made thereon to the tune of Rs. 63,000/ - and other amounts as detailed in the impugned order.

(3.) THE claimants were not satisfied by the award made by the SLAO hence a reference under Section 18 of the Act was made by the Collector, Dehradun for adjudication of market value of the compensation. The reference was registered as L.A. Case No. 185 of 2005 Harish Chandra and Ors. v. Collector Dehradun and Anr. before the reference Court. The reference has been made mainly on the ground that the compensation awarded by the SLAO is inadequate, while the claimants have claimed that they are entitled to compensation @ 4000/ - per sq.mt. It was also asserted that the land under acquisition is having residential potentiality and the land is situated on Dehradun -Haridwar national highway and a constructed house of the petitioners was standing on the land under acquisition.