STATE OF HIMACHAL PRADESH Vs. TARA DUTT

JUDGEMENT

(1.) THE Appellants felt aggrieved by the award passed by the learned Reference Court in case No. 20 of 1998, dated 19.4.2002, whereby the amount of compensation was enhanced over and above the award passed by the Land Acquisition Collector and the interest was awarded from the date of possession or Notification under Section 4 of the Land Acquisition Act 1894 in short 'the Act ' whichever is earlier.

(2.) BRIEFLY stated, the facts giving rise to the present appeal are that the land comprising Khasra No. 183/158/1 measuring 01 bigha, situated in village Seu (Talai), Tehsil Ghumarwin, District Bilaspur, hereinafter to be referred as the 'land in question ' was acquired by the Himachal Pradesh Public Works Department, for the construction of 'Talai -Deot Sidh ' road. Admittedly, the possession of the land in question was taken by the Appellants in the year 1985. It was thereafter, the State Government through the Land Acquisition Collector, (LAC) issued the Notification under Section 4 of the Act, on 10.5.1996. Thereafter LAC issued the other Notifications viz under Sections 6 and 9 of the Act, ultimately passed the Award on 13.12.1996, whereby he allowed the compensation to the tune of Rs.45, 375/ - on the basis of classification of the land besides solatium and the interest, as aforesaid.

(3.) IN reply, the State -Appellants contended that the claimant aforesaid was awarded the adequate compensation by the LAC.