COLLECTOR, LAND ACQUISITION Vs. NAGESH KUMAR

JUDGEMENT

(1.) Land measuring 8-09-03 bighas of village Matkehar, Tehsil Jogindernagar, District Mandi, came to be acquired by the State under the provisions of the Land Acquisition Act, 1894 (for short : the Act) for a public purpose, namely, for the construction of 'Machhyal Kuthera Road' in pursuance of the notification dated 4.4.1989 issued under Section 4 of the Act. Such notification was published in the official Gazette on 20.5.1989 and the two daily newspapers (Dainik Tribune and Vir Pratap) respectively on 6.10.1989 and 8.10.1989. This acquisition also included the land of Respondents No. 1 and 2 comprising of khasra Nos. 352/1 and 356/1 measuring 1-09-13 bighas and khasra No. 341 measuring 0-05-10 bighas.

(2.) The Collector, Land Acquisition, vide his award, being award No. 26 dated 9.7.1991, assessed the market value of the acquired land at a flat rate of Rs. 4,000 per bigha irrespective of the classification of land as 'Dhani Doem', 'Barani Doem' and 'Kharetar'. In addition to the award of compensation at the abovesaid market value, the Collector further awarded:

(3.) On a reference having been made under Section 18 of the Act, the learned Additional District Judge, Mandi, on the consideration of evidence placed before him by the parties assessed the market value of the acquired land and held the Respondents No. 1 and 2 to be entitled to compensation for their land as under: