BHAG CHAND Vs. STATE OF H P

JUDGEMENT

(1.) THIS regular first appeal has been filed by the claimant feeling aggrieved and dissatisfied by the award passed by the Reference Court in Land Reference No.38- S/4 of 04/99 decided on 4.4.2007, whereby his reference petition under Section 18 of the Land Acquisition Act, in short 'the Act', was partly allowed and held him entitled only to a sum of '1,05,000/- for the compensation for the fruit plants and no enhancement for the value of the land was allowed.

(2.) IN short, the facts giving rise to the present appeal can be stated thus. Khasra Nos.251 and 254, situated in Mauja Dadi, Tehsil Jubbal in respect of the appellant were acquired for the construction of the road vide Notification dated 29.5.1993 published in newspaper on 22.5.1993. It was having 25 apple plants between the age group of 9 to 15 years. There were some other trees of apricot, walnut and pear etc., which according to the claimant, got uprooted. The Land Acquisition Collector awarded '13,500/- alongwith solatium and interest for the land, but he did not award any amount with respect to the fruit bearing trees.

(3.) THE appellant felt aggrieved, as such filed the present appeal and contended that the learned Reference Court did not appreciate the contention raised before it in the right perspective. THEre were grounds for the enhancement of the value of the land and further that the respondents had utilised more land than acquired and demarcation report was wrongly rejected.