STATE OF H.P. Vs. BIMLA KALTA

JUDGEMENT

(1.) For the public purpose namely construction of Ramnagar-Thana-Baghari road, proceedings for acquisition were initiated by the State under the provisions of Land Acquisition Act, 1894 (hereinafter referred to as the Act). Notification under Section 4 of the Act, was published in the Gazette on 07.02.1998. Collector, Land Acquisition passed award dated 28.05.1999 with respect to the land and superstructure built thereupon. Supplementary award with respect to fruit bearing trees was published on 01.06.2001. It is not in dispute that possession of the land was taken prior to initiation of acquisition proceedings. Extent of total land acquired is 1 bigha 13 biswas, out of which 1 bigha is of category Bagicha Bakhal Doem and 13 biswas is of category Ghasni. With respect to category Bakhal Awal (including Bakhal Doem), Collector, Land Acquisition determined the market value to be Rs. 16,675-20 paisa and with respect to Banjar Kadeem (including Ghasni) market value was determined at Rs. 2,033-60 paisa. On the basis thereof, Collector awarded compensation in the following terms:-

(2.) Aggrieved thereof, claimant filed a petition under Section 18 of the Act, seeking enhancement of the amount of compensation. In terms of the impugned award dated 20.11.2007, Court below re-determined the market value of the land and awarded compensation with respect to the land/superstructure/trees in the following terms:-

(3.) Challenge to the award by the State is to the limited extent for it is vehemently argued by Mr. R.S. Verma, learned Additional Advocate General that the Court below could not have awarded any compensation, be it additional solatium or otherwise for the period prior to initiation of acquisition proceedings. The submission is legally sustainable. In view of law laid down by the apex Court in Siddappa Vasappa Kuri and another versus Special Land Acquisition Officer and another, 2002 1 SCC 142; and Special Tahsildar (LA), P.W.D. Schemes, Vijayawada versus M.A. Jabbar, 1995 2 SCC 142, compensation under the provisions of the Act, awarded from the date on which the possession is taken under the provisions of the Act, which in the instant case has to be with the publication of the notification in the official Gazette i.e. 07.02.1998, Mr. Ramesh Sharma, learned counsel points out that claimant is also not claiming compensation with respect to the period prior to the same.