LAND ACQUISITION COLLECTOR Vs. SANT RAM (SINCE DECEASED

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants/State, who were respondents before the learned Court below (hereinafter referred to as "the appellant") under Sec. 96 of CPC read with Sec. 54 of the Land Acquisition Act, 1894 (for short "the Act") against award dtd. 14/11/2014, passed by learned District Judge, Bilaspur (hereinafter referred to as "the learned Reference Court"), in Land Reference Petition No. 29/4 of 2011, whereby the learned Reference Court enhanced the compensation.

(2.) The brief facts of the case are that State of H.P. had issued a Notification on 20/9/2004 under Sec. 4 of the Act for acquisition of land measuring 0-11 bigha, comprised in Khasra No. 2/2/1, situated in village Baner, Tehsil Shri Naina Devi Ji, District Bilaspur, .P., for construction of Baner-Zakatkhana road. The said notification was published in H.P. Rajpatra n 25/9/2004 and in news papers, i.e., Punjab Kesari and Dainik Tribune on 17/10/2004. On 14/12/2005 a declaration under Ss. 6 and 7 of the Act was issued, which was published in H.P. Rajpatra on 31/12/2005 and in news papers, i.e., Ajit Samachar and Divya Himachal on 7/1/2006. Consequent upon notification issued to the petitioners/claimants (respondents herein) under Sec. 9 of the act, compensation of Rs.76,394.00, which included additional market value and interest under Sec. 23(1A) of the Act, was awarded.

(3.) The petitioners/claimants, feeling aggrieved with the award of the Land Acquisition Collector preferred a petition under Sec. 18 of the Act before the learned Reference Court for enhancement of the compensation mainly on the ground that the awarded amount was inadequate and insufficient. They averred that the market value of similar type of land was not less than two lacs per biswa, as it had high commercial value. The claimants also averred that compensation qua the walls, trees and other improvements was not given. The land was fertile and it was well connected to basic facilities.