LAND ACQUISITION COLLECTOR Vs. BHADRU RAM

JUDGEMENT

(1.) THIS judgment shall dispose of the present appeal and also the connected one, RFA No. 198 of 2007 arising out of the same award, dated 7.3.2007 passed by learned Additional District Judge, Mandi, camp at Karsog in Land Reference Nos. 120 of 2002 and 126 of 2001, as common questions of law and facts are involved for consideration and adjudication.

(2.) APPELLANT -State/Respondent in the lower court has acquired the land belonging to the respondents herein, petitioners -claimants in the court below, for construction of Kotlu -Katanda Road in Tehsil Karsog, District Mandi. In this appeal, the respondents -petitioners are Bhadru Ram, Smt. Kul Dassi, Pyare Lal and Khem Raj. Their land entered in khasra Nos. 895/657/1, 897/657/1, 650/1, 652/1, 896/657/1, 28/1, 156/2, 27, 157 and 592, measuring 1 -15 -11 bighas has been acquired, whereas that of the respondents -petitioners, namely Sher Singh, Bhim Singh, Padam Dassi, Kanshi Ram, Smt. Fulo and Smt. Bimla in connected appeal, entered in khasra Nos. 294/1, measuring 0 -1 -5 bigha, 294/2 measuring 0 -1 -3 bigha and 375 measuring 0 -11 -9 bigha, total measuring 0 -13 -17 bigha. The category of the acquired land of respondents -petitioners Bhadru Ram etc. in this appeal is 'Banjar Kable Kasht and Bakhal Abbal', whereas the category of the acquired land belonging to the respondents -petitioners in the connected appeal 'Bagicha Barani Faldar and Gair Mumkin Sadak'. The Notification under Section 4 of the Land Acquisition Act, 1894, hereinafter referred to as 'the Act' was issued by the appellant -State on 22.2.1995. Land Acquisition Collector, HPPWD, Mandi -appellant No. 1 on completion of the codal formalities announced award No. 32 on 31.3.1997 qua the acquired land belonging to the respondents -petitioners in these appeals and that of other right holders. He has made Ex.PW3/B, 5 years average market price of the land in the area the basis for assessment of the compensation and awarded the compensation to the respondents -petitioners and also other right holders at the flat rate of Rs.4500/ - per bigha. The total compensation so assessed by the collector and payable to the respondents -petitioners Bhadru etc. in this appeal is Rs. 14,882/ -, whereas to the respondents -petitioners in the connected appeal Rs. 6,696/ -. On the awarded amount, the Collector also allowed 30% compulsory acquisition charges, additional compensation payable under Section 23(1A) @ 12% w.e.f. 17.6.1995 to 31.3.1997 and interest payable under Section 34 of the Act w.e.f. 1.4.1982 (the date of taking possession of the acquired land) to 31.3.1997.

(3.) LEARNED Additional District Judge, Mandi after holding trial has re -determined the market value of different categories of the acquired land as under: