GUJRAT AMBUJA CEMENT FACTORY Vs. SUKH RAM

JUDGEMENT

(1.) Present appeal has been preferred under Sec. 54 of Land Acquisition Act, 1894 (in short 'the Act') against award dtd. 21/9/2007 passed by Additional District Judge, Solan in a Land Reference Petition No. 41 - S/4 of 2007/04, titled Sukh Ram and others vs. State of HP whereby Reference Court has enhanced the value of land at uniform rate at the rate of Rs.3,60,000.00 - per bigha, irrespective of its classification and category, whereas Land Acquisition Collector had determined the value of land ranging from Rs.15,000.00 to Rs.1,00,000.00 per bigha on the basis of classification and category of land.

(2.) Undisputedly, land of respondents was acquired for public purpose relating to expansion of factory of Gujarat Ambuja Cement Ltd. (appellant) by issuing notification under Sec. 4 of Act which was lastly published on 6/1/1998 and as a sequel thereto, Award No. 5 of 2000 was announced under Sec. 11 of the Act on 11/1/2001 by determining the value at the rate of Rs.15,000.00 per bigha for uncultivated land and Rs.1,00,000.00 per bigha for cultivated land.

(3.) Land owners, in Reference Petition, has examined 8 witnesses and have placed on record average value of land Ext.PW2/A, copy of Award No. 5 of 2000 passed by Land Acquisition Collector in present case Ext.PW3/A, copy of detail of standing trees Ext.PW3/B, copy of Form CC Ext.PW3/C, copy of sale deed Ext.PW4/A, whereas project proponent had examined three witnesses RW1 to RW3 and has placed on record the copies of sale deeds Ext.R1 to Ext.R3 and copy of average value of land Ext.RW2/A.