LAWS(HPH)-1982-10-4

STATE OF HIMACHAL PRADESH Vs. AMAR SINGH

Decided On October 13, 1982
STATE OF HIMACHAL PRADESH Appellant
V/S
AMAR SINGH Respondents

JUDGEMENT

(1.) THIS judgment will dispose of Regular First Appeals Nos. 16 to 21 of 1973 since they arise out of the same award.

(2.) FOR the construction of Beas Dam at Pong, extensive areas of land were acquired. Notifications D/ 1 4 1961 and 11 1 1962 under Sections 4 and 6 of the Land Acquisition Act were issued. Various agricultural lands including the villages themselves were included in the notifications. The claimants duly asked for compensation. The Land Acquisition Collector found that there were no examples and so crop cutting experiments in Haldoon Valley were undertaken. It was calculated that Rs. 1,900/ per kanal was the fair price for the Nehri Dofasli land. However, after taking into consideration the fact that Rupees 300/ per kanal for Nehri Dofasli land were offered by the department, the Collector added Rs. l,.000/ to Rupees 300/ and arrived at a mean figure of Rs. 650/ per kanal for Nehri Dofasli land. This was the amount which was effered to the claimants.

(3.) THE State has now preferred the present appeals. I find that in R. F. As. Nos. 16, 18, 16 and 20 of 1973 a very petty amount of enhancement is involved. For the purposes of Court fee each appeal has been valued at Rs. 620 09 paise. For such petty amounts this Court had decided long ago that the appeals should not be enterlained since the amount which the poor claimants will have to spend in order to defend the appeals in the High Court will be highly disproportionate. Keeping in view the fact that the claimants were made to sacrifice their hearth and homes for the benefit of the nation, and also the fact that in a socialist democratic republic the citizens should not be harassed for petty amounts, this Court has been dismissing all such appeals in limine. These appeals can, therefore, be dismissed on this short ground. How lever, I will presently refer to the merits also.