LAWS(HPH)-2010-4-47

STATE OF HIMACHAL PRADESH Vs. SACHIDA NAND

Decided On April 06, 2010
STATE OF HIMACHAL PRADESH Appellant
V/S
SACHIDA NAND Respondents

JUDGEMENT

(1.) ALL these appeals are being disposed of by a common judgment as they arise out of the judgment of the learned Reference Court in four reference petitions having been consolidated and tried together. By an order passed on 20.8.2001, in Sachida Nand & another versus Land Acquisition Collector and others, Reference Petition No.17 -S/4 of 2001, all the land reference petitions, subject matter of this appeal, were consolidated and disposed of by common judgment on common evidence.

(2.) IT is undisputed before me that land reference petitions arise out of common award No. 18/ 1999, dated 31.1.2000 and award No. 19/1999 dated 31.1.2000, where purpose of acquisition was for setting up sewerage treatment plant in Solan town. The acquired land is situated in Dadhog, Tehsil and District, Solan. Notification under Section 4 of the Land Acquisition Act, 1894 (hereafter referred to as ˜the Act) was issued on 9.9.1996. Being dissatisfied by the award, the respondents herein petitioned the reference Court under Section 18 of the Act praying for enhancement of the awarded amount. The acquired holdings are not very large, the largest chunk of land being 2 bighas which was the subject matter of Land Reference No. 20 -S/4 of 2001, titled as Shanti and others versus State of Himachal Pradesh and others and the smallest holding is 0.6 biswas, which is subject matter of land reference petition No. 18 -S/4 of 2001, titled Smt. Parwati and others v. State of Himachal Pradesh and others. Learned Reference Court, on the pleadings, framed six issues out of which issue No. 1 which dealt with the award of adequate compensation, was the primary issue for decision.

(3.) APPLICATION under Order 41 Rule 27 of the Code of Civil Procedure has been filed in each appeal by the State praying for permission to lead additional evidence.