LAND ACQUISITION COLLECTOR Vs. ISHWAR SINGH

JUDGEMENT

(1.) This appeal has been preferred by State of H.P. against award dated 13.7.2012 passed by learned Additional District Judge, Fast Track Court, Shimla, Camp at Rohru (hereinafter referred to as the Reference Court) in Land Reference RBT No. 16-R/4 of 2008/05, titled Ishwar Singh vs. LAC and others, whereby learned Reference Court has awarded compensation to the land owner at the uniform rate of Rs.3398.25 per centiare for acquisition of land used for construction of road.

(2.) It is undisputed that land comprised in Khasra No. 526 situated in village Sarawati Nagar, measuring 5 bighas 17 biswas was allotted to land owner as a Nautor in the year 1974. In the year 1996 by filing Writ Petition No. 126 of 1996, land owner had approached this High Court seeking direction to State to pay compensation to him for construction of road over a part of Khasra No. 526 allotted to him by way of Nautor which was identified by revenue authorities during settlement in the year 1994-95 as Khara No. 1606. Claim of State is that road was already existing in Khasra No. 526 since the year 1962 and inadvertently whole of land comprised in the said Khasra No. 526 was allotted to the petitioner and actually petitioner was put in possession of land which was vacant after construction of road and therefore, there was no reason for acquisition of land already utilized for construction of road before allotment, but wrongly allotted to the petitioner. The said Writ Petition No. 126 of 1996 was decided by a Single Bench of this Court on 27th May, 2003 and for non-production of record to substantiate the plea of State with respect to construction of road in the year 1962 in Khasra No. 526, direction was issued to State to initiate and complete the proceedings to acquire the land, coming under the road comprised in Khasra No. 1606, under the provisions of Land Acquisition Act and to pay compensation to petitioner as per law.

(3.) Aforesaid direction issued by the High Court was assailed by the State in the Apex Court by filing SLP, but such appeal preferred by State was dismissed by the Apex Court on 8.1.2004 and thereafter review filed by State was also dismissed on 28.4.2004.