STATE OF H.P. Vs. RAJINDER SINGH

JUDGEMENT

(1.) This writ petition has been filed by the State challenging the award dated 5.7.2003, passed by Land Acquisition Collector, HP PWD, South Zone, Winter Field, Shimla, in case No. 4/8-28A-32/ 2002, under Section 28-A of Land Acquisition Act, 1894, (hereinafter referred to as 'the Act').

(2.) Facts as they emerge and regarding which learned Counsel for the parties were not at variance are, that land of the Respondents and other persons was acquired. Respondent No. 1 Rajinder Singh claimed that he had approached the Land Acquisition Collector under Section 18 of the Act for referring his case to the Court for determination of compensation, as he was not satisfied with his award. This was not forwarded. As such, he filed writ petition No. 1648 of 2002. Its copy alongwith reply filed by the Land Acquisition Collector as well as Executive Engineer, Shimla, is placed on record as Annexure R-l collectively.

(3.) After passing of the award under Section 18 of the Act in the cases of persons interested other than Respondents 1 to 21 by learned Additional District Judge, Shimla, on 25.6.2002, application under Section 28-A of the Act was filed by these Respondents. On the basis of the award of learned Additional District Judge of this date in Land Ref. Nos. 43-S/4 of 1996 to 47-S/4 of 1996, enhancement was claimed by these Respondents. Consequently, after hearing the parties, Land Acquisition Collector enhanced the compensation payable to Respondents 1 to 21.