SHIMLA DEVELOPMENT AUTHORITY Vs. KRISHNA DEVI AND OTHERS

JUDGEMENT

(1.) These appeals, once decided by Chief Justice Balakrishna Menon (as he then was), have been placed before this Bench, pursuant to the order of Supreme Court dated 5th Oct., 1990. Facts are being set out briefly.

(2.) Notifications under Sec. 4 of the Land Acquisition Act, 1894 were published on 26th Jan., 1980 and 2nd Feb., 1980. The land acquired was 102-11 bighas in three villages, namely, Patti-Rihana I & II and Kasumpti-Junga with the object to develop the same as house sites in accordance with the Interim Development Plan prepared by Shimla Development Authority constituted under Sec. 40 of the Himachal Pradesh Town & Country Planning Act, 1977. On 24th Feb., 1984, awards were announced for land measuring 96.16 bighas giving uniform rate of compensation of Rs. 40,000.00 per bigha.

(3.) Being dis-satisfied with these awards, the claimants sought reference under Sec. 18 of the Act and claimed compensation at the enhanced rate. The District Judge clubbed these cases on 13th March, 1985 for common evidence, although by this time, evidence in individual cases had been taken to some extent. Accordingly, evidence was recorded in Reference No. 21-S/4 of 1984. The District Judge revised the rate of compensation to rupees one lac per bigha by his decision of 31st Oct., 1987. Against this decision, the Shimla Development Authority preferred appeals in this Court and some of the claimants also claimed further enhancement through their cross objections.