LAWS(HPH)-2010-5-74

LAND ACQUISITION COLLECTOR Vs. YUDHBIR SINGH AND ORS.

Decided On May 18, 2010
LAND ACQUISITION COLLECTOR Appellant
V/S
Yudhbir Singh And Ors. Respondents

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 54 of the Land Acquisition Act (here -in -after referred to as 'the Act') against the award, dated 28.10.2000, passed by the learned Additional District Judge (II), Kangra at Dharmashala. This judgment shall also dispose of the Cross Objections filed by the respondents under Order 41 Rule 22 of the CPC against the said award.

(2.) BRIEFLY stated the facts of the case are that vide notification issued under Section 4 of the Act on 11.3.1989, duly published in the newspapers, dated 14.10.1989 and 11.11.1989, the land was acquired for the construction of Mukerian -Talwara -Nurpur -Chakki Dhar Road. The land of the petitioners involved in the notification was measuring 0 -01 -44 hectares. The Land Acquisition Collector entered into reference and on conclusion, he awarded compensation at the rate of Rs. 2,51,384/ - per hectare. Reference petition was filed by the petitioners under Section 18 of the Act before the learned District Judge, which was assigned to the learned trial Court. On conclusion, the learned trial Court granted compensation to the petitioners at the rate of Rs. 13.00 lac per hectare. The petitioners were also held entitled to the additional compulsory acquisition charges, interest etc. However, the interest was awarded from the date of taking of the possession and not from the date of issuance of the notification.

(3.) I have heard the learned Assistant Advocate General for the appellant and the learned Counsel for the respondents and have gone through the record of the case.