DINESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The challenge herein in this civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (in short CPC ) is against the order dated 05.03.2011, passed by the learned District Judge (Forest) Shimla, dismissing an application under Section 146 CPC filed by the petitioner herein with a prayer for grant of compensation to the extent of the shares of applicants by enforcing the award passed by Ld. ADJ, Shimla in land Reference No. 9-S/4 of 2005, decided on 5.11.2007 .

(2.) Shorn of details the facts necessary for disposal of the present petition are that land measuring 1 bigha 6 biswa belonging to the predecessor-in-interest of the petitioners, late Shri Bija Ram, to the extent of 1/3 share alongwith other co-owners, namely, Prem Kumar, Vinod Kumar, Krishan Kumar, Swadesh Kumar and Hemant Kumar to the extent of 1/3 share and Om Parkash and Bansi Dhar to the extent of 1/3 share, was acquired by respondent No. 1-State. The acquisition was for a public purpose, namely, Construction of Lift Water Supply Scheme Jadhyal, for Irrigation & Public Health Department in village Jadhyal, Tehsil and District, Shimla, H.P., Land measuring 1-6 Bighas . After observing all the codal formalities under the Land Acquisition Act, 1894 (in short the Act ) respondent No. 2-Land Acquisition Collector announced his award dated 31.03.2003, Annexure P-1, granting compensation for the acquired land ranging from 36,000/- to 9,00,000/- per bigha on the basis of classification of the land. Being aggrieved, whereas the aforesaid co-sharers, who were owners of the acquired land to the extent of 2/3 share, sought reference to the court under Section 18 of the Act, the predecessor-in-interest of the petitioners, late Shri Bija Ram, did not take any step for referring the matter to the court.

(3.) The reference on behalf of the aforesaid co-sharers was adjudicated upon by the learned Additional District Judge, Shimla, H.P., who passed award dated 05.11.2007, Annexure P-2, and granted enhanced compensation alongwith interest and other benefits under 3 the Act in their favour.