LAND ACQUISITION COLLECTOR Vs. JEET RAM

JUDGEMENT

(1.) THIS appeal at the instance of the State is directed against the award dated 28.9.2006 passed by Additional District Judge (Presiding Officer, Fast Track Court), Solan, District Solan, H.P. in a Land Reference Case No. 1 -FTC/4 of 2006/2005 under Section 18 read with Section 30 of the Land Acquisition Act, 1894.

(2.) THE facts as necessary for the disposal of this case may be noticed. The Land Acquisition Collector processed the case for the acquisition of the land measuring 8 Bighas 3 Biswa out of which 0 -5 -10 bigha pertains to the present respondent on behalf of appellant No. 3 situated in village Gaura for construction of 'Drinking Water Supply Scheme' to Solan Town from Giri River. The notification under Section 4 of the Land Acquisition Act, 1894 (for short 'Act') had been issued on 24.10.2003. The notification under Sections 6 and 7 of the Act was issued on 12.3.2004 and final award was announced by the Land Acquisition Collector on 31.3.2005 determining the value of the land @ Rs. 47,058/ - per bigha for Katool and Rs. 6138/ - per bigha for Banjar Kadeem depending upon the class of land. The compensation of the land pertaining to the respondent measuring 0 -5 -10 bigha comes to Rs. 12,941/ - which was paid by the department to the respondents, through Land Acquisition Collector, Solan.

(3.) I have heard Mr. V.K. Verma, learned Additional Advocate General assisted by Ms. Parul Negi, Deputy Advocate General, for the appellant and Mr. Rupinder Singh, learned counsel for the respondent and have also gone through the records carefully.