KRISHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant appeal under Sec. 54 of the Land Acquisition Act, 1984 (for short, "The Act"), the appellants have assailed award dtd. 23/9/2008 passed by learned District Judge, Kinnaur at Rampur Bushahar, in Land Reference Petition No. 8 of 2004.

(2.) The land comprised in Khasra Nos. 444/1, 445/1, 459/1,446/1,589 and 591 was acquired by the State of Himachal Pradesh for construction of Dakolar-Shingla road in Village Shingla, Tehsil Rampur, District Shimla. Notification under Sec. 4 of the Act was issued on 15/2/2003. The Land Acquisition Collector (for short, "Collector") passed the award on 28/2/2004. The compensation was offered at the following rates:

(3.) Whereas, the appellants claim exclusive right to the acquired land on the basis of a family partition having taken place between the parties in the year 1960, the respondents have denied the factum of family partition as alleged by the appellants.