MANISH BHATIA Vs. STATE OF H.P.

JUDGEMENT

(1.) This Regular First Appeal is directed against the Award, passed by the Court of learned District Judge, Mandi, District Mandi, H.P., in Reference Petition No.4 of 2005, titled as Manish Bhatia Versus State of H.P. and another, decided on 06.12.2011, vide which learned Reference Court has held that the petitioner therein i.e. the present appellant was not entitled for any enhancement of compensation, as the market value of the land as well as non- fruit bearing trees stood rightly assessed by the respondents.

(2.) Brief facts necessary for the adjudication of the present appeal are as under:- The land of the appellant situated near the road head, in village Jilhan/Jhantingeri, Tehsil Padar, District Mandi, H.P., was acquired by the respondents with the intent of developing the same as a tourist place. Notification under Section 4 of the Land Acquisition Act was issued on 05.06.1997. Land measuring 7-18-0 bighas, in village Jilhan was purchased by the appellant on 19.09.1996, for a sum of Rs.2,00,000/-. Thereafter, on 27.12.1996, he again purchased land measuring 0-16-3 bigha in the same mauja, for a sum of Rs.50,000/-.

(3.) Land Acquisition Collector awarded an amount of Rs.3,65,188/- for 8-14-3 bighas of the land which stood acquired, whereas as per the appellant, the market value of the land was Rs.4,40,000/- per bigha. It was further the case of the appellant that he had spent huge amount for development of the land, for which no compensation stood awarded to him and, therefore, he was entitled for an Award of Rs.2,00,000/- on this behalf also. Feeling aggrieved, he filed the reference.