H.P.HOUSING BOARD Vs. RAM LAL

JUDGEMENT

(1.) Since both these appeals are directed against the award dated 1.11.1995, passed by the learned District Judge, Hamirpur in Land Reference Case No. 2 of 1993, as such both these appeals are also being disposed of by this common judgment.

(2.) Land measuring 24847.2 sq. meters was intended to be acquired for a public purpose. Namely for the construction of Housing Board Colony. This land was situate in Mohal Naya Nagar, Hamirpur, Tehsil and District Hamirpur, H.P. Notification for acquiring this land was issued on 30.5.1991, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). This was objected to by means of a writ petition in this Court. It was decided on 20.11.1991. Direction given in this writ petition was that Collector will be at liberty to initiate proceedings in accordance with law, treating the period for filing objections and Notification under Section 4 of the Act to have been issued on 20.11.1991. Collector was required to hear the claims and objections of the land owners under Section 5A of the Act, and then send his report to the Government for consideration. On receipt of the report from the Collector, Notification under Sections 6 and 7 of the Act dated 12.11.1992 was published as required under law.

(3.) In the context of the acquisition in question, it is clear from the award of the Land Acquisition Collector, Sub-Divisional Officer (Civil)-cum-Land Acquisition Collector, Sub-Division, Hamirpur in Award No. 1 of 1993, dated 8.9.1993; that the land adjoins the existing Housing Board Colony.