OMENDRA SINGH; CHANDRA DEVI; KANWAR SINGH; YASHPAL SINGH; PRITAM PAL; ARUN KUMAR; JAIPAL SINGH Vs. COLLECTOR DEHRADUN & ANR

JUDGEMENT

(1.) Since the controversy involved in all these seven appeals is same, therefore, for the sake of convenience, all these seven appeals are being decided together by this common judgment and order.

(2.) All these appeals, preferred under Section 54 of the Land Acquisition Act, 1894 (for short, the Act), are directed against the judgment and decree dated 25.10.2008 passed by District Judge, Dehradun, in land acquisition cases No.61/2005, No.51/2005, 52/2005, 54/2005, 57/2005, 63/2005, 55/2005, whereby the reference court, while allowing the references of the claimants, has deducted 25% of the enhanced rate of Rs.524 per sq.mts. to Rs.393 per sq.mts., holding the appellants land to be inaccessible.

(3.) Brief facts of the case are that aforementioned land references were forwarded by Collector, Dehradun under Section 18 of the Land Acquisition Act at the instance of each owner/applicant against the Award dated 28.2.2004 passed by Special Land Acquisition Officer, Dehradun in L.A. Case No.2/2002-03. According to reference, a total 8.393 Hectare situated in Village Sewla Khurd Pargana Central Doon Dehradun was acquired by Special Land Acquisition Officer (for short, SLAO) for M.D.D.A. for developing and construction of second phase of the transport nagar/Ware houses at Dehradun. Notification u/s 4(1) of the Act was issued for the first time on 27.3.2003. It was published in two daily newspapers on 10.4.2003 and 16.4.2003. Notification u/s 6 of the Act was issued on 1.7.2003 which was published on 15.7.2003 and 16.7.2003. Possession of the land was taken on 28.2.2004 and on the same day, the award was also published.