SOHAN LAL Vs. OM PARKASH

JUDGEMENT

(1.) This appeal is directed against the Award dated 11.1.1991, passed by District Judge (Forests), Shimla, in land reference No. 20 -S/4 of 1988. By means of impugned award reference under Sections 18 and 30 was disposed of. Claim made on behalf of Surat Ram (since deceased through his legal representatives), as well as Mohan Lai and Mast Ram, under Section 30 of the Land Acquisition Act has been answered. Thus holding them to be exclusively entitled for the payment of compensation qua the land which was subject matter of acquisition Appellants No. 1 and 2 were respondents in the said reference. Similarly appellant No. 3 to 7 were also the respondents therein.

(2.) Land measuring 24 -(1) Bighas was intended to be acquired for a public purpose namely, for establishing Agro Industrial Packaging India Ltd. This Company is established with a view to manufacture integrated Carton boxes. For construction of its building and erecting its plant at Chok Khoru, Tehsil Kotkhai, (Pragti Nagar) District Shimla, this land was to be acquired.

(3.) Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), was published on 24.10.1987. This was followed by provisions under Section 17 of the Act. Land Acquisition Collector, then after following the procedure prescribed under law announced his award on 30.6.1988. A total sum of Rs. 3, 91,550/ - was awarded as compensation. Since dispute had been raised by the parties before him regarding its apportionment, therefore he did not apportion the same, in favour of the persons as per entries in the revenue record. Reference in this background was made by the Collector to the court below.