UNION OF INDIA Vs. CHHERING TOBDEN

JUDGEMENT

(1.) Since common questions of law and facts are involved in these appeals, the same were taken up together for disposal by a common judgment.

(2.) The appellants have challenged the award dated 24.3.2005 rendered by the learned Addl. District Judge, Fast Track Court, Kullu, H.P. in Reference Petition Nos. 63, 62, 90, 79, 56, 69, 74, 53, 83, 93, 77, 104, 88, 71 and 58 of 2002, respectively.

(3.) Key facts, necessary for the adjudication of these appeals Are that the Government of Himachal Pradesh intended to acquire the land for setting up of Army Transit Camp. Notification No. Home (A) F (13)-10/88 dated 23.12.1993 for Phati Palchan and No. Home (A) F (13)-10/88 dated 23.12.1993 for Phati Barua under Section 4 of the H.P. Land Acquisition Act, 1894 (hereinafter referred to as the Act) were issued. These were published in Rajpatra, H.P. Extra Ordinary, dated 3.1.1994. Notifications under Sections 6 & 7 of the Act were also published in different newspapers. Notices were also issued to the claimants under Section 9 of the Act on 5.11.1996. The land of the claimants was acquired for Phati Palchan as well as in Phati Barua. The Land Acquisition Collector made a common award dated 24.11.1997 for the land situated in Phati Palchan measuring 11-2-00 bighas and Phati Barua, measuring 371-9-00 bighas. The market value of the land was worked out by the Land Acquisition Collector as under: