SHER SINGH Vs. LAND ACQUISITION COLLECTOR, SHIMLA

JUDGEMENT

(1.) The State of Himachal Pradesh issued a Notification under section 4 of the Land Acquisition Act dated January 6, 1970, which was published in the H. P. Gazette dated January 17, 1970. Under this Notification it proposed to acquire 169.3 bighas of land for construction of residential colony for Government servants. The Notification was followed by a Notification under section 6 in respect of a little over 91 bighas of land. In this was comprised 34 bighas 5 biswas land of appellant Sher Singh.

(2.) In the present appeal we are concerned with the land belonging to the appellant alone which consisted of orchard land 6.15 bighas; Bakhal Abal 16 6 bigbas; Ghasni etc. 10.7 bighas ; Gair Mumkin Kothi and courtyard etc. 0.17 bighas.

(3.) An Award was made by the Land Acquisition Collector on November 11, 1971. The details thereof need not be mentioned at this stage. At the instance of the appellant a reference was made to the District Court under section 18 of the Land Acquisition Act (hereafter, "the Act"). It was contested by the Land Acquisition Collector. However, by his judgment and order dated January 29, 1970 the District Judge, Shimla, enhanced the amount of compensation substantially. The State assailed it in an appeal before this Court (R, R A. No 64 of 1974). The appeal was allowed by a Division Bench which sent the matter back to the learned District Judge for a decision afresh This was by judgment dated September 14, 1977.