KARISHAN KUMAR SON OF BAZIR SINGH AND ORS. Vs. LAND ACQUISITION COLLECTOR, HPPWD CENTRAL ZONE MANDI, (HP). AND STATE OF HIMACHAL PRADESH THROUGH SECRETARY HPPWD TO THE GOVERNMENT OF H.P.

JUDGEMENT

(1.) THE present appeal has been filed by the claimants for enhancement of the award passed in reference petition No.3 of 2005 by the learned District Judge vide his detailed judgment dated 27.10.2006. As a matter of fact, the State Public Works Department (Central Zone Mandi, HP) issued notification under Section 4 of the Land Acquisition Act, in short 'the Act' on 7.10.2002 published in the HP State Rajpatra on 20.12.2002 notifying acquisition of the impugned land for the construction of the Hamirpur bye -pass road in the revenue estate named Chaula Kalan, Mauza Bajuri Tehsil and District Hamirpur, H.P. The Khasra numbers and the nature of the land have been given in the impugned award. The learned Land Acquisition Officer awarded the amount on the basis of classification of the land though after following procedure laid in the Act, but feeling aggrieved by the impugned award passed by the land Acquisition Officer, the appellants herein filed the reference petition for the determination of the value of the land after considering their objections.

(2.) IN the light of the evidence adduced before it, the learned District Judge answered the reference in affirmative thereby enhancing the award to the tune of Rs.18,000/ - per marla irrespective of the classification of the land with all the statutory benefits including additional amount calculated @ 12% per months under Section 23 (1a) and compulsory acquisition charges and solatium under Section 23 (2) of the Act with interest as per Section 28 and 35 of the Act.

(3.) ACCORDING to the learned counsel for the appellants, the date of notification under Section 4 of the impugned land is the same as was involved in another RFA No. 291 of 2007 Premi Devi versus Land Acquisition Collector, along with other connected matters, decided on 24.4.2010, acquired for the identical purpose and the same criteria has been adopted and the amount of Rs. 38,400/ - per marla was awarded.