H.P. HOUSING BOARD Vs. ROOP RAM

JUDGEMENT

(1.) This judgment shall dispose of present appeal and cross objections No. 249 of 2004 and 75 of 2005, arising out of the same award.

(2.) The appellant-H.P Housing Board and Urban Development Authority acquired land belonging to the respondents/cross-objectors situate in Mauza Sirinagar, Tehsil Kandaghat, District Solan for the construction of housing board colony. Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act' in short) was issued on 07.05.1999. The same was published in 'Divya Himachal' and 'Punjab Kesari' the Hindi dailies on 24.05.1999 and also in the gazette on 07.05.1999. Notification under Sections 6 and 7 of the Act was also issued on 01.05.2000 published in official gazette on 03.05.2000, whereas, in 'Ajit Samachar' and 'Vir Pratap' the Hindi dailies on 16.05.2000. The detail of the land proposed to be acquired was as under: <FRM>JUDGEMENT_94_LAWS(HPH)12_2014_1.html</FRM>

(3.) Notification under Section 9(1) of the Act was issued to determine the market value of the land proposed to be acquired. The negotiations were held with the right holders by a Committee of Officers presided over by the Deputy Commissioner, Solan. The land owners were apprised that the market value of the land sought to be acquired would be Rs. 17,448/- per bigha along with solatium and additional compulsory acquisition charges. They, however, failed to accept the same and insisted for determination of the market value of the land @ Rs. 9,00,000/- per bigha, however, during the negotiations conducted subsequently, they agreed to determine the market value of the acquired land @ Rs. 4,50,000/- per bigha. The appellant-authority, however, expressed its inability to pay the compensation at such a high rate. Ultimately, the land owners agreed to accept the rates of the acquired land not less than Rs. 3,50,000/- per bigha. Consequently, notices under Section 9 of the Act were issued to the land owners and they appeared before the Collector on 23.03.2002 and demanded the payment of compensation @ Rs. 5,00,000/- per bigha. The Collector, however, taken into consideration the rates of different category of land duly approved by the District Collector, Solan situate in Mauza Sirinagar reads as under: <FRM>JUDGEMENT_94_LAWS(HPH)12_2014_2.html</FRM>