COLLECTOR LAND ACQUISITION HPPWD KANGRA Vs. KEHAR SINGH

JUDGEMENT

(1.) This appeal at the instance of the Land Acquisition Collector, Kangra, is directed against the award dated 28-6-1994, passed by learned Addl. District Judge (II), Kangra at Dharmashala. By means of impugned award compensation by the Land Acquisition Collector, Kangra has been enhanced to Rs. 5,000/- per mafia in respect of land comprised in Khasra Nos. 94/1 and 164/1, owned by respondents Kehar Singh, Mohar Singh and Harbans Singh, measuring 0-00-46 Hects., Barrani Awal and land comprised in Khasra No. 608/149/1, measuring 0-00-44 Hects., owned by Kehar Singh also Barrani Awal. So far owning the land as aforesaid is concerned, it was not even disputed on behalf of the appellant, when this case taken up today for hearing.

(2.) Land was acquired for a public purpose, namely Thural-Palampur Road. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was initially published in the HP Rajpatra on 30-11-1985. However date to be taken fdr the purpose of assessment of compensation which is relevant in this case under Section 4 (1) of the Act is 28-1-1987 as it stood after its amendment vide Central Act No. 68 of 1984. For ready reference Section 4(1) of the Act is extracted hereinbelow :-

(3.) Another fact that needs to be noted here is that two references were filed against the award of the Land Acquisition Collector dated 6-10-1990. Reason for filing of two land references was that two khasra numbers were jointly owned by Kehar Singh, Mohar Singh and Harbans Singh, whereas the other khasra number i.e. 608/149/1 was owned by Kehar Singh exclusively.