NARADHU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this appeal, the appellant/landlord has challenged the award passed by the Court of learned District Judge, Mandi, H.P., in Reference Petition No. 72 of 2008, dtd. 23/7/2012, in terms whereof, the Reference Petition filed by the appellant was dismissed by the learned Reference Court.

(2.) Brief facts necessary for the adjudication of the present appeal are that the land of the appellant situated in Village Tatapani, District Shimla was acquired for the purpose of the construction of Kol Dam Hydro Electric Project. Notification under Sec. 4 of the Land Acquisition Act was issued on 11/12/2000. After complying with the codal formalities, the award was passed by the Collector on 16/2/2008. Feeling aggrieved by the said award, the appellant preferred a Reference Petition on the ground that the compensation awarded to the land owner was low, inadequate and was liable to be modified. According to the landlord, the entire acquired land was situated on road-head in Village Tatapani, which was a tourist spot and also had religious significance and according to the land owner, the commercial potentiality of the land was ignored by the Collector, while announcing the award. The contention of the land owner was not accepted by the beneficiary of the acquisition proceedings.

(3.) On the basis of the pleadings of the parties, the Reference Court framed the following issues:-