STATE OF HIMACHAL PRADESH Vs. YUDHBIR SINGH

JUDGEMENT

(1.) Since all these appeals are the offshoots of award dtd. 31/8/2013, passed by learned Additional District Judge-I, Kangra at Dharamshala, H.P. hereinafter referred to as "the learned Reference Court "), they are taken up together for disposal.

(2.) The instant appeals have been maintained by the appellants/State, who were respondents before the learned Court below, under Sec. 54 of the Land Acquisition Act, 1894 (for short "the Act "), against award dtd. 31/8/2013, passed by District Judge-I, Kangra at Dharamshala, H.P. (hereinafter referred to as "the learned Reference Court "), in Reference Case RBT No. 176-N/2006/2010, whereby the claim petitions filed by the petitioners/claimants (respondents herein) were allowed and they were held entitled for enhanced compensation @ of Rs.9,00,000.00 per kanal alongwith solatium and interest.

(3.) The brief facts of the case are that the Government of Himachal Pradesh issued Notification, dtd. 17/4/2003, under Sec. 4 of the Act, for acquiring the land of the petitioners/claimants for construction of Chaki bridge/road. The said notification was published in newspapers, i.e., Himachal Pradesh Rajpatra on 25/4/2003, and n Divya Himachal on 14/5/2003. Subsequently, notification under Ss. 6 and 7 of the Act was also published and the Land Acquisition Collector passed the award. As per the petitioners/claimants, the Land Acquisition Collector awarded compensation for the acquired land by assessing lesser market value of the land and they averred that the market value of the acquired land was more than Rs.13,00,000.00 per kanal. They further averred that the acquired land was situated on the entry point of Himachal Pradesh and the same was got assessed by them by one Shri J.C. Mahajan, Superintendent Engineer (Retd.), Registered Valuer of Government of India, who assessed the value of the land @ Rs.13,00,000.00 per kanal in the year 2005 and State Bank of Patiala accepted the valuation made by him.