LAND ACQUISITION COLLECTOR Vs. DHIAN SINGH

JUDGEMENT

(1.) ALL these appeals being connected matters arising out of single award dated 18.10.1996, are being disposed of by this common judgment. A big chunk of land measuring 2 -46 -07 hects., which is equal to 64 kanals, came to be acquired for a public purpose namely ˜construction of office building of the Sub Divisional Officer, Civil, Jawali and the accommodation for Govt. officials falling under the jurisdiction of Sub Division, Jawali, Distt. Kangra. The requisite notification under Section 4 of the Land Acquisition Act, 1894 (for short ˜the Act), was issued on 22.6.1996.

(2.) THE Collector awarded compensation for the acquired land as Under: - Class of land Area Approved Per Hect. Per Kanal price. 1. Barani - 0 -17 -63 Market 4,04,676/ - 15,540/ - Awal Hect. value of land for 1995 -96, is Rs. 763 -54 per paisa of the land revenue 2. Barani -0 -50 -07 - 2,59,604/ - 9,969/ - Doem Hect. 3. Kharetar 1 -78 -37 - 1,33,620/ - 5,130/ - Not being satisfied with the award of the Land Acquisition Collector, the petitioner and other interested persons sought reference under Section 18 of the Act.

(3.) THE above discussion brings me to hold that by looking from any angle, the market value of the acquired land in any case comes to be more than what has been awarded by the Collector or by the learned Reference Court. It is by now settled preposition of law that if land is acquired for a particular purpose, such as, construction of buildings etc. as in the present case, the very classification of the acquired land, looses its very significance. It being so, the market value of the acquired land is required to be assessed at a flat rate. In view of what has been said here -in -above, there is no need for any interference with the impugned award dated 18.1.2002, at the hands of this Court. Consequently, all the appeals are dismissed with no order as to costs. The appeals stand disposed of in the above terms. Let duly signed copies of this judgment be placed on the records of RFA Nos. 51, 52, 53, 57, 58, 60, 62, 63, 70, 146 and 166 of 2003. The trial court record be sent back.