ATTAR SINGH Vs. L.A.C.

JUDGEMENT

(1.) This appeal is directed against award dated 14/15.6.2002 passed by learned District Judge, Mandi in Reference Petition No. 63 of 1998.

(2.) The facts, in brief, are that the Government issued notification under Section 4 of the Land Acquisition Act, 1894 (for short 'Act') for acquisition of land for public purpose for construction of Mandi-Kehanwal road, Mohal Manyana, Tehsil Sadar, District Mandi. The notification under Section 4 of the Act was published in the official gazette on 21.9.1996. The Land Acquisition Collector (for short Collector) entered into reference and passed the award No. 12/97 on 29.9.1997 and awarded compensation at flat rate of Rs. 50,000/- per bigha upto distance of 2 Km from the starting point i.e. Ram Nagar Mandi proper, for land beyond 2 Kms to 3 X"B= Km the rate was fixed at Rs. 40,000/- per bigha and for the land upto a distance of 3 X"B= Km to 5 Km the rate was fixed at Rs. 30,000/- per bigha. The appellant was granted compensation amounting to Rs. 2,52,942/- on account of damages to the trees of appellant , but it was observed that net amount payable shall be given in compliance to the directions of the High Court which comes to Rs. 1,65,634/- after deducting Rs. 87,588/- paid earlier. The Collector allowed compulsory acquisition charges under Section 23(2) of the Act and additional amount by way of interest on the market value and interest as per award dated 29.9.1997.

(3.) The appellant was not satisfied with the award of the Collector, he filed reference petition wherein he has stated that his land comprised in Khasra Nos. 1288/444/1, 1288/444/2, 1288/444/3 and 1288/444/4 total measuring 7-14 bighas was acquired, but compensation has been awarded only for land comprised in khasra Nos. 1288/444/1, 1288/444/2 measuring 5-5-13 bighas. The appellant was not satisfied with the compensation awarded by the Collector, therefore, he prayed for enhancement of the compensation. The respondents contested the claim of the appellant. The following issues were framed:-