LAND ACQUISITION COLLECTOR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) These appeals are being disposed of by a single judgment as these arise out of a common award dated 19-1-1985 passed by District Judge, Solan and Sirmaur Districts Camp at Solan involving common question of law and fact. Out of these twelve appeals, eleven appeals have been preferred by State (RFAs Nos. 112, 110, 111, 113, 114, 115, 116, 117, 118, 124 and 125 of 1985) seeking reduction in the compensation awarded to claimants and one counter appeal (RFA No. 108 of 1985) and cross-objections (C.O. 74 / 87 in RFA l10 / 85. C. O. 75 / 85 in RFA 111 / 85, C. O. 77 / 87 in RFA l13 / 85, C. O. 81 / 87 in RFA l17 / 85, C.O. 82 / 87 in RFA l18/85 and C. O. 80 / 87 in RFA 12485) by the claimants for enhancement of compensation awarded to them.

(2.) By his common award under appeals, the District Judge had decided eleven reference petitions in respect of acquisition of land for the public purpose of construction of Barog By-pass road by consolidating them with Reference Petition No. 11-S / 4 of 1984 (Smt. Phulma widow of Khem Chand v. Land Acquisition Collector) in which evidence was recorded. RFA No. l12 of 1985 has arisen out of Reference Petition No. 11-S / 4 of 1984, whose record we have perused for deciding these appeals.

(3.) The acquired land is situated in two villages, namely, Bara and Barog. For its acquisition, Notification under Section 4 of Land Acquisition Act (hereinafter called the Act) was issued on 3-12-1979. The Land Acquisition Collector gave two separate awards dated 30-7-1982 and 31-7-1982 for villages Bara and Barog. He had assessed the market value of the land on the basis of five years average sale price. His assessment of market value for different kinds of land in village Bara was:- Bangar Awal Rs. 4308.00- per bigha. Bangar Doam Rs. 2847.00- per bigha. All other types Rs. 500.00 per bigha. and for village Barog was :- Bangar II. III Rs. 8712.00- per bigha. Bangar Kadim Rs. 1734.00- per bigha. Ghasni Rs. 525 / - per bigha. Gair Mumkin R. 500 / -per bigha.