UNION OF INDIA Vs. DAULAT RAM

JUDGEMENT

(1.) IN all these appeals common award dated 29.10.2005, passed by learned District Judge, Kullu, District Kullu, Himachal Pradesh, stands assailed on two grounds: (i) question of limitation was not considered by the Court below; (ii) re -determination of the market value, enhancing the amount of compensation, for the acquired land is much on the higher side.

(2.) CERTAIN facts are not in dispute. Land for public purpose, namely Snow and Avalanches Study Establishment, at Manali was acquired by the State. Acquisition proceedings commenced with publication of notification dated 5.7.1999, published in the official gazette, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). In all, 31 -6 -06 bighas of land in Phati Vashisht was acquired by the State. On 26.6.2000, the Collector, Land Acquisition, passed award, determining the market value of the acquired land, classification and category wise. For category Bagicha, Ropa Rs.42500/ - per biswa was awarded. Whereas, with respect to category Gairmumkin, Rs.4200/ - per biswa was awarded.

(3.) IN the case of instant claimants, District Judge has re -determined the market value of the claimants' land to be only Rs.60,000/ - per biswa, irrespective of its category/classification. Significantly while doing so, Court below referred to and relied upon awards, which were subject matter of appeal in Durga Dass (supra) and Hukam Ram (supra). Yet the claimants herein have not filed any cross objections and are satisfied with the enhanced amount.