SAVITRI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been filed by the claimant/appellant, feeling aggrieved and dissatisfied by the judgment/ award passed by the learned Additional District Judge (II), Kangra at Dharamshala, disallowing the enhancement over and above the value of the land assessed by the Land Acquisition Collector, Kangra, vide his Award No. 15 of 1997 and allowing the Reference Petition of the State under Section 18(2) of the Land Acquisition Act, 1894 in short 'the Act' whereby the learned Reference Court modified the Award of the Land Acquisition Collector, to the extent that the claimant is only entitled for the interest from the date of notification and not from the date of possession.

(2.) The facts in brief are that the State Government had acquired the land comprised in Khata No. 2 min. Khatauni No. 34, Khasra Nos. 14 and 16 to 20, total 6 plots, (wrongly mentioned 7 plots), measuring 0-55-61 HM, situated in Tikka Baldoon, Mauja Gahin Lagora, Tehsil Nurpur, District Kangra, H.P., for the construction of water supply scheme. The State Government through the Land Acquisition Collector, Kangra issued the Notification under Section 4 of the Act on 1.4.1995, expressing its intention to acquire the land followed by Notifications under Sections 6 and 9 of the Act.

(3.) After hearing the parties, the Award No. 15 EX.PW2/T, was announced by the Land Acquisition Collector on 10.7.1997, based upon the classification of land, which also included the interest from the date of possession of the land. Since the amount of compensation was more than Rs. 5 lacs, as such, it was sent for the approval of the Government under Section 11 of the Act. The Award was approved on 7.5.1997 and thereafter it was announced.