THE COLLECTOR, DEHRADUN Vs. BHAV HARIHAR LAL

JUDGEMENT

(1.) This is an appeal against the judgment and order of Sri D. L. Agarwal, the then District Judge, Dehradun passed in five references, namely L.A. case Nos. 11 of 1980, 12 of 1980, 13 of 1980, 14 of 1980 and 15 of 1980 under Sec. 18 of the Land Acquisition Act filed on behalf of the appellant by which the learned District Judge enhanced the compensation from Rs. 2,35,747.32 to Rs. 3,28,900.00 with interest )6% p.a. from 7-5-1977. It was further directed by the learned District Judge that the amount awarded in the said order, parties will get the amount in proportion of their share specified in the order and they will also be entitled to the proportionate cost on the amount exceeding the amount of award.

(2.) Feeling aggrieved by the said award, the present appeal has been preferred.

(3.) The brief facts for the disposal of this appeal are that a land acquired for the purpose of acquisition was 4.237 acres for the construction of the houses. The said land was situated in village Kanwali District Dehradun. It comprises of Khasra Nos. 66, 67, 68, 69 and 70. A notification under Sec. 4 of the Land Acquisition Act was issued on 11-12-1976 and notification under Sec. 6 was published on 29-1-1977. Possession over the said land was taken on 7-5-1977. Thereafter, the Land Acquisition Officer determined the market value of the disputed land as Rs. 2,35,747.32 which is to be paid to the owners. The Land Acquisition Officer assessed the value of the land @ Rs. 72,860.00 per acre. The deduction of 25% was made for being the land as a huge area. The Land Acquisition Officer also deducted @ 15% on account of depreciation in the land which are to be filled up for the construction. The amount of 15% solatium on the said amount and interest from 7-5-1977 to 5-8-1978 was also granted to the claimants.