HARMINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This is an appeal filed by the appellants under Section 54 of the Land Acquisition Act (here-in-after referred to as 'the Act') against the award, dated 5.6.1998, passed by the learned District Judge, Solan. By the said award, the learned District Judge had enhanced the compensation to Rs. 16,92,835.50 against the award passed by the Land Acquisition Collector amounting to Rs. 6,95,085/-. This judgment shall also dispose of the civil revision petion filed by the petitioner Harminder Kumar Modi on the ground that the learned trial Court has wrongly dismissed the execution petition as fully satisfied filed by the petitioner.

(2.) Briefly stated the facts of the case are that a notification under Section 4 of the Act was issued on 13.11.1982 for acquiring the land for judicial court complex, Solan and Sessions House, Solan. Notifications under Sections 6 and 7 of the Act were also issued and the Land Acquisition Collector entered into reference and thereafter announced the award. The total area of the acquired land was measuring 5529 sq.m. out of which 4762 sq.m. area was situated in Mauja Thodo, Solan and remaining area of 767 sq.m. was situated in Mauja Saproon, Tehsil and District Solan. The acquired property consisted of land and buildings standing thereon. The Land Acquisition Collector awarded compensation at the rate Rs. 52.00 per sq.m. for the acquired land and for the built up buildings over the acquired land awarded a sum of Rs. 3,14,066.80, Rs. 2,107/- for fruit trees, Rs. 740/- for non-fruit trees, totaling Rs. 6,04,421.80 and a sum of Rs. 90,663.20 as compulsory acquisition charges. In all, he awarded compensation amounting to Rs. 6,95,085.00.

(3.) The petitioners not satisfied with the award filed reference petition under Section 18 of the Act which was decided by the learned Additional District Judge. In appeal, the case was remanded back to the learned District Judge, Solan by this Court for re-determination and accordingly after remand, the learned District Judge recorded the evidence led by the petitioners only and thereafter vide his impugned award increased compensation by Rs. 10,91,259.70.