SH. SUBHASH CHAND Vs. LAND ACQUISITION COLLECTOR, KOLDAM

JUDGEMENT

(1.) By way of instant appeal, appellant assails award dtd. 27/6/2014 passed by learned Additional District Judge, Ghumarwin, District Bilaspur, H.P. (Camp at Bilaspur) in Land Reference Petition No.47-4 of 2007 whereby the reference petition filed under Sec. 18 of the Land Acquisition Act (for short 'Act') was dismissed.

(2.) Brief facts necessary for adjudication of the appeal are that respondent No.1 acquired land, structures and trees for construction of Koldam Hydro Project of respondent No.3. Land bearing Khasra No.317/266/130 alongwith structure owned and possessed by the appellant, was also acquired. Respondent No.1 awarded a sum of Rs.5,99,094.00 only in favour of the appellant as market value of the ground floor of the house of the appellant. The claim of the appellant for compensation to the first and second floor of the building constructed on Khasra No. 317/266/130 was rejected on the ground that said floors were constructed after issuance of notification under Sec. 4 of the Act. The basis for such rejection was said to be the videography of the house of appellant recorded on 7/8/11/2000 when only the ground floor existed.

(3.) Aggrieved against inadequacy of amount awarded by respondent No.1, the appellant preferred application under Sec. 18 of the Act for making reference to the appropriate Court. The reference was accordingly made by respondent No.1 and the matter came to be decided by learned Additional District Judge, Ghumarwin, District Bilaspur vide impugned award.