STATE OF H.P. Vs. SATYA PAL

JUDGEMENT

(1.) The present appeal has been directed by the appellant State of Himachal Pradesh under Section 54 of the Land Acquisition Act, 1894 (for short: the Act) against the award dated 23.3.2000 of the learned Additional District Judge, Shimla, as modified/amended on review vide order dated 3.6.2000.

(2.) Land measuring 28 Biswas belonging to the respondents in Chack Saruila - Baruila, came to be acquired by the appellant under the provisions of the Act for a public purpose, namely, laying pipe line for water supply scheme from Dhalli to Sanjauli. Relevant notification under Section 4 of the Act was issued on 26.9.1988. The Collector, Land Acquisition vide his award dated 23.10.1989 determined the market value of the land acquired at Rs. 7,685 per bigha.

(3.) Aggrieved by the award the respondents preferred an application under Section 18 of the Act before the Collector, seeking a reference to the Court for determination of the market value of their acquired land. On a reference having been made to him, the learned Additional District Judge, on the basis of the evidence placed before him, assessed the market value of the acquired land vide the impugned award at Rs. 58,890 per biswas. The learned Additional District Judge further held that the respondents were also entitled to: (a) Solatium at the rate of 30% towards compulsory acquisition charges; (b) Additional compensation under Section 23(1 -A) at the rate of 12% per annum from 1.1.1988 till 23.10.1989; and (c) Interest at the rate of 9% per annum for one year from 1.1.1988 and thereafter at the rate of 15% per annum till the date of payment of the amount.